Holding TN but still stay and live in Canada?

[ychx]

I am holding TN working for a U.S company. I spent most of my time at home to work remotely - I am computer network engineer. Sometime I need travel to visit US customers.

My question is: Can I stay and live in Canada with my family working for this US company during TN period?

Thanks,

//Jerry

 

[nelsona]

Of course. The TN simply allows you to work in US. It doesn't force you to.

 

[ychx]

I am assuming TN require you physically live in US. It is NOT ture?

 

[nelsona]

Re-read what I just wrote.

 

[ychx]

Thanks. I just want to confirm: Can I live in Canada when hold valid TN working for a US company? Forgive my English.

 

[CalGreenCard]

Thanks. I just want to confirm: Can I live in Canada when hold valid TN working for a US company? Forgive my English.

Yes you can.

On boards with more of a tax focus, I've read that in such a case the US company is required to register the Canada Revenue Agency and withhold the appropriate amounts of federal income tax, provincial income tax, etc. Presumably this also requires the company to do some transactions in Canadian dollars--all of which may be too much of a hassle for the company. I've never been clear, however, how the Canada Revenue Agency would enforce this against a company that has no Canadian presence other than the Canadian employee.

 

[nelsona]

Thanks. I just want to confirm: Can I live in Canada when hold valid TN working for a US company? Forgive my English.

I guess it's not your English writing thats a problem, but your comprehension.


You seem to be asking if you can work for a US comapny while living in Canada. Of course you can, but this has nothing to do with TN. However the firm, as CGC points out, would need to set up a Cdn payroll for you, or pay you as a contractor.

As to "enforcement". How does CRA enforce any tax or withholding requirement? They would send the firm a letter, "requesting" that they begin withholding tax, CPP and EI and timely remitting it, or be subject to penalties. failing this, they would "request" the recipient remit these himself in a timely fashion.

So, as the eventual scapegoat, you need to iron this out with your employer sooner rather than later.