On a TN Visa in the US, can I do work in Canada at the same time?

K

kobits

New Member
Hello,

I'm currently working in the US under a TN Visa. I have been asked by friends in Canada to help with design and consulting work remotely. I wouldn't be an employee but I would be paid on a freelance basis. Most of the TN limitations that I've read only restrict doing other work in the US and being self-employed in the US.

My question:
1. Does doing this remote work for a Canadian company violate my TN visa?
2. Am I also able to incorporate in Canada while on a TN visa?

Has anyone else dealt with this predicament? If possible I'm also curious on how it might affect my taxes.

Thanks in advance!
 
1. You can, as long as the employer has no connection in US (which might be a problem for you living in US). Most Tners working for a Cdn firm are true employees, not their own corps.
2. You can, but this raises unnecessary tax issues.

forums.serbinski.com deals with taxes.
 
Thanks for your quick response @nelsona ! I really appreciate it.

The freelance gig in Canada has no connections to the US. There has been discussion of being paid in partly in equity and partly in cash from the Canadian company. Do you think the equity piece will violate my TN terms since I'm currently working for a US company?

Thanks for sharing the tax forum as well!
 
It's not the remuneration, it's the fact that you are not an employee that might be troublesome. You would be carrying out a business in US. If you incorporate, regardless of where it is incorporated, you are in US, and this your company would have irrefutable ties in US.
In my opinion, only working in US as an employee of a foreign company (but not your own foreign company) works, not as a corp to corp or contractor.
 
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