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Question re Canadian working remote for US company,,,,

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  • Oct 27th, 2023 10:13 pm
[OP]
Sr. Member
Oct 21, 2007
515 posts
92 upvotes
Halifax

Question re Canadian working remote for US company,,,,

Sorry if this has been asked before, especially with how common remote work is now....

OK, my situation... Canadian citizen currently living in Canada.
Used to work for a US company 20 years ago, in the US, on an H1B visa, and was issued an SSN.

Is there anything wrong with me working now, remote from Canada, for a US company, and using my SSN to be hired/paid via W2?? I assume I would not need any visa since I would not physically be entering the US?

Just to be clear, I am not looking to break any laws etc., just wondering if the above is allowed.
If it is -not- allowed, which I am guessing is the case (due to an I-9 form being needed??), is there anything wrong with working for them remote if they can do it corp to corp?

Thanks!
15 replies
Deal Fanatic
Nov 13, 2013
5743 posts
4933 upvotes
Ottawa
gibson00 wrote: Sorry if this has been asked before, especially with how common remote work is now....

OK, my situation... Canadian citizen currently living in Canada.
Used to work for a US company 20 years ago, in the US, on an H1B visa, and was issued an SSN.

Is there anything wrong with me working now, remote from Canada, for a US company, and using my SSN to be hired/paid via W2?? I assume I would not need any visa since I would not physically be entering the US?

Just to be clear, I am not looking to break any laws etc., just wondering if the above is allowed.
If it is -not- allowed, which I am guessing is the case (due to an I-9 form being needed??), is there anything wrong with working for them remote if they can do it corp to corp?

Thanks!
You need to talk with some experts. The company for starters who in every case I have heard will not issue you a W-2 unless they are small enough they don't care. corp to corp is standard if more paperwork.
Deal Addict
Jul 19, 2022
1238 posts
1606 upvotes
I think you are asking "Do I have to tell my employer I am actually located in another country?"

If you have a USA visa, SSN, bank account, and working 100% remotely, your boss may NEVER know if you are in the USA or Canada. Is this what you are asking?

I would recommend being clear and telling your employers the truth, tell them that you are going to be based in Canada, at least part of the time.

It is not illegal AFAIK but it may have tax implications, and if your employer has to meet regulation, they may have a problem with your geo-location.
___________________
Best regards,

Old man Whitfield
[OP]
Sr. Member
Oct 21, 2007
515 posts
92 upvotes
Halifax
MisterWhitfield wrote: I think you are asking "Do I have to tell my employer I am actually located in another country?"

If you have a USA visa, SSN, bank account, and working 100% remotely, your boss may NEVER know if you are in the USA or Canada. Is this what you are asking?

I would recommend being clear and telling your employers the truth, tell them that you are going to be based in Canada, at least part of the time.

It is not illegal AFAIK but it may have tax implications, and if your employer has to meet regulation, they may have a problem with your geo-location.
I have no idea how you assumed any of that. I clearly asked if what I described was allowed. I absolutely would be clear with the employer about where I am living.
Yes, I have an SSN that was issued to me years ago when I did work within the US on a work visa. Yes I have a US bank account. So now I am wondering what is required to be allowed to work remotely for a US client, with me being in Canada.
As for the employer not knowing, please correct me if I am wrong, but doesn't an employer have to sumbit an I-9 form to the government when hiring someone? And that form is basically what declares the person is either a US citizen or permitted to work in the US.......I'm guessing this would be an issue, and thus my further question about working corp to corp...
Jr. Member
Oct 26, 2014
152 posts
121 upvotes
Colorado
OP, Sorry for the ignorance but does your SSN have an expiry date? Since it was issued based on a work visa, it may have expired by now and a potential employer won’t be able to perform your ‘e-verify’.
Deal Addict
Aug 18, 2018
1968 posts
1577 upvotes
510 represen'
1. Your SSN is valid for life unless your identity gets stolen and you need a new one assigned. Yes your SSN card probably says something to the effect of "Valid for work only with INS/DHS authorization" but that just means the card itself doesn't prove you have a right to work in the US, and has no relevance on the validity of your SSN.
2. If you're not physically working in the US, you don't need a visa. And I don't think I-9 applies either since you're not physically present in the US. But I'm not a lawyer so please check with one to confirm.
3. I think 100% remote work is done either as an independent contractor or corp to corp. If done as a contractor you'll get a 1099 instead of a W-2. But this is way out of my depth, so again go confirm this with a lawyer and/or accountant.
[OP]
Sr. Member
Oct 21, 2007
515 posts
92 upvotes
Halifax
arkane wrote: 1. Your SSN is valid for life unless your identity gets stolen and you need a new one assigned. Yes your SSN card probably says something to the effect of "Valid for work only with INS/DHS authorization" but that just means the card itself doesn't prove you have a right to work in the US, and has no relevance on the validity of your SSN.
2. If you're not physically working in the US, you don't need a visa. And I don't think I-9 applies either since you're not physically present in the US. But I'm not a lawyer so please check with one to confirm.
3. I think 100% remote work is done either as an independent contractor or corp to corp. If done as a contractor you'll get a 1099 instead of a W-2. But this is way out of my depth, so again go confirm this with a lawyer and/or accountant.
Thanks, yeah really not sure about the I-9. And unfortunately most employers in the US aren't interested in figuring it out either, even for their 'fully remote' job listings.
Deal Addict
Sep 28, 2003
1099 posts
692 upvotes
Maybe you can ask if they're willing to use a PEO. It would be working for a company that can do business in Canada but acts as a middle man for your real employer. If this US company is looking to hire more remote employees, this can be useful for them without having to open an office in the employee's country.
Deal Addict
Aug 18, 2018
1968 posts
1577 upvotes
510 represen'
gibson00 wrote: Thanks, yeah really not sure about the I-9. And unfortunately most employers in the US aren't interested in figuring it out either, even for their 'fully remote' job listings.
"Fully remote" in this context means within the US and not across international borders. The only exception being an employee from a non-US location working for the US branch remotely, but even then there are hoops to jump through.

And to be completely honest, unless you live in a border town, I just can't see any US employer being ok with someone that's permanently remote working from Canada.
[OP]
Sr. Member
Oct 21, 2007
515 posts
92 upvotes
Halifax
arkane wrote: ..., I just can't see any US employer being ok with someone that's permanently remote working from Canada.
Well, I guess I figured 'remote' means doesn't really matter where you are sitting.
But yeah, if it is breaking the law, then that is a show stopper for me.

Thanks all for the info!
Deal Addict
Nov 28, 2016
1169 posts
1686 upvotes
Check if they have an office in Canada. If not ask if they will be interested in setting up an office if they plan to hire more Canadians.
Deal Addict
Nov 28, 2016
1169 posts
1686 upvotes
Check if they have an office in Canada. If not ask if they will be interested in setting up an office if they plan to hire more Canadians.
Deal Addict
Jul 17, 2005
1286 posts
277 upvotes
arkane wrote: "Fully remote" in this context means within the US and not across international borders. The only exception being an employee from a non-US location working for the US branch remotely, but even then there are hoops to jump through.

And to be completely honest, unless you live in a border town, I just can't see any US employer being ok with someone that's permanently remote working from Canada.
Reviving an old post here, but I've worked remotely (permanently) in Canada for 3 different US-based companies.

The first company set up a numbered corp in BC for tax purposes (they did the proper payroll deductions).

At the second company, I was on paper a "contractor" with the employment agreement but considered an employee (they covered computers, travel expenses etc). I had set up a US bank account through RBC Georgia and they would wire my wage into the US account semi-monthly. I would transfer to my USD RBC Canada account and use an FX company to make the exchange. I then used the CRA calculator to estimate how much for income tax, CPP, EI etc and put that money in a separate account waiting for tax time. I had this all tracked in a spreadsheet along with the FX receipts should I get audited and filed taxes as self-employed.

The third company, they simply just use a PEO.

I know of a bunch of people that work fully remote from Canada as employees for US-based companies.
Member
User avatar
Apr 6, 2020
331 posts
460 upvotes
Halifax
wanton007 wrote: Reviving an old post here, but I've worked remotely (permanently) in Canada for 3 different US-based companies.

The first company set up a numbered corp in BC for tax purposes (they did the proper payroll deductions).

At the second company, I was on paper a "contractor" with the employment agreement but considered an employee (they covered computers, travel expenses etc). I had set up a US bank account through RBC Georgia and they would wire my wage into the US account semi-monthly. I would transfer to my USD RBC Canada account and use an FX company to make the exchange. I then used the CRA calculator to estimate how much for income tax, CPP, EI etc and put that money in a separate account waiting for tax time. I had this all tracked in a spreadsheet along with the FX receipts should I get audited and filed taxes as self-employed.

The third company, they simply just use a PEO.

I know of a bunch of people that work fully remote from Canada as employees for US-based companies.
Bumping this as well.

Looking at remote for US companies but realize it's a struggle if I'm not located in US. How did they land jobs? Recruiters? Know of any remote friendly Accounting recruiter jobs for US work?
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Deal Addict
Jul 17, 2005
1286 posts
277 upvotes
aceofklubs wrote: Bumping this as well.

Looking at remote for US companies but realize it's a struggle if I'm not located in US. How did they land jobs? Recruiters? Know of any remote friendly Accounting recruiter jobs for US work?
It can be hard. I lucked out through my network with an introduction 10 years ago for a tech company in Nashville. Met a few others there and we've stayed in contact and have worked at another place together. Just need to land the first one and make those connections.

I'd start with some remote job boards like this:

https://remote.co/remote-jobs/accounting/
https://www.workingnomads.com/jobs?category=finance

Some of those postings have an "international" or "worldwide" flag which might help narrow it down.

There are also some remote job groups on linkedin. I'm going to guess that there will be a finance / accounting group there. There's also Slack groups in the finance industry that may have opportunities listed there. I just checked our company website and there are no accounting ones, otherwise I'd DM you.

Hope that helps!
Newbie
Dec 22, 2014
70 posts
36 upvotes
Alberta
Glad that found this thread. Running around to find ans and even proper CA does not have it .
My plan was to work fully remote from Canada and being US company employee as they called "Foreign Employee" without POE company in between and tell them not to deduct any taxes and in the end , give me W2 form so that I can file taxes In canada with this as Foreign income and also get CPP deducted end of year. I atleast know that in this case EI will not there as US company will never give ROE if I get laid off.

There are some confusions in this case :
1) Will US company give W2 form as I am considered foreign employee ?
2) I will give W8BEN form to the US payroll so that they do not do any tax withholdings but no one know if they will OR will NOT deduct Social Security tax and Medicare. Per one of CA , they will surely deduct Social Security tax ( similar to CPP ) which is then is a big blow as per him because we cannot claim it back and still have to pay CPP here in Canada.
3) Some CA says that even if US is not deducting any taxes from your pay due to W8BEN, will still have to file taxes in US. Please note that my intention was to only file taxes in Canada due to treaty with US.

Generally US companies are refusing to hire Canadians as contractors and also does not like POE , that's why exploring how I can be employee of US company without setting foot in US and without TN visa.

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