Discussion:Canadian's working in the US with no visa

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Revision as of 03:25, 27 August 2006
Riley2 (Talk | contribs)
(If I understand)
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Scot1 (Talk | contribs)
(Your question is)
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{{ForumReplyPost|UserID=Riley2|Date=27 August 2006|Text=If I understand what you are saying (and I am not sure that I do), you are saying that the client is asking you to be a party to a violation of U.S. immigration and income tax laws. Sounds like trouble to me.}} {{ForumReplyPost|UserID=Riley2|Date=27 August 2006|Text=If I understand what you are saying (and I am not sure that I do), you are saying that the client is asking you to be a party to a violation of U.S. immigration and income tax laws. Sounds like trouble to me.}}
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 +{{ForumReplyPost|UserID=Scot1|Date=27 August 2006|Text=Your question isn't very clear. I'm not sure what you mean by ....... he has agreed not to perform nexus creating activities in the US any longer...installation being one of those activities. You either have nexus or you don't - certainly if he has Canadian employees performing services in the US (presumably installation), the nexus standard has been met. The Canadian employees working (and most likely living) in the US should have proper visa/work permits and they would be considered resident aliens for federal income tax purposes. Sounds like you need to sit down with the owner and have a heart-to-heart discussion, if he doesn't comply......walk away.
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Revision as of 13:59, 27 August 2006

Discussion Forum Index --> Tax Questions --> Canadian's working in the US with no visa

Sandysea (talk|edits) said:

26 August 2006
Hi all;

Missed you guys while I was away and now just completely bogged down with extended returns, etc but now a new issue with my lovely Canadian client has come about.

The Canadian corporation is now ONLY manufacturing and design; a new corporation in the US has been set up to take care of installation, sales, sales tax, etc. Now, my Canadian client wants things both ways...he wants to allow his Canadian employees to install in the US and claim the installation income to offset their salaries in the plant. BUT according to the voluntary disclosures in place, he has agreed not to perform nexus creating activities in the US any longer...installation being one of those activities.

What am I to do? I am the registered agent for the US corporation and I am fighting with him over this item. His Canadian employees refuse to get a 1099 from the US, but he wants to write off their hourly rate, meals, travel, etc. Is there some way other than what I have done to help him see that I can't cook the books to satisfy him in this? Or....slap me if I am wrong and there is some loophole where he can still install and the US corp can pay him to without issuing any 1099's or violate any laws on illegal aliens.

Thanks so much!!

Riley2 (talk|edits) said:

27 August 2006
If I understand what you are saying (and I am not sure that I do), you are saying that the client is asking you to be a party to a violation of U.S. immigration and income tax laws. Sounds like trouble to me.

Scot1 (talk|edits) said:

27 August 2006
Your question isn't very clear. I'm not sure what you mean by ....... he has agreed not to perform nexus creating activities in the US any longer...installation being one of those activities. You either have nexus or you don't - certainly if he has Canadian employees performing services in the US (presumably installation), the nexus standard has been met. The Canadian employees working (and most likely living) in the US should have proper visa/work permits and they would be considered resident aliens for federal income tax purposes. Sounds like you need to sit down with the owner and have a heart-to-heart discussion, if he doesn't comply......walk away.