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Sep 2, 2020
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I am a US citizen who is currently working remotely in Canada and visiting my boyfriend, who is here temporarily as well. I want to extend my stay beyond 6 months, that way I can stay here (as an implied visitor) while they make a decision about my extension.

I have concerns around both (1) legality and (2) taxes.

According to this, my work is not considered "work" because it's under "long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;"

From a tax perspective, even though I will exceed 183 days, according to this, "If you are a deemed resident of Canada, and also establish residential ties in a country with which Canada has a tax treaty and you are considered to be a resident of that country for the purposes of that tax treaty, you may be considered a deemed non-resident of Canada for tax purposes." I am a resident of the US. The US has a tax treaty with Canada. Thus, do I not have anything to worry about?

  1. Can I continue to stay here and work remotely from here legally, until they make a decision on my extension, given that my work isn't considered "work"?
  2. Can I continue to stay here without any tax implications, given the information that I have found above and any other information I might be missing?

If I am misinterpreting anything, please let me know. Are there any concerns? Thanks!
 
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I am a US citizen who is currently working remotely in Canada and visiting my boyfriend, who is here temporarily as well. I want to extend my stay beyond 6 months, that way I can stay here (as an implied visitor) while they make a decision about my extension.

I have concerns around both (1) legality and (2) taxes.

According to this, my work is not considered "work" because it's under "long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;"

From a tax perspective, even though I will exceed 183 days, according to this, "If you are a deemed resident of Canada, and also establish residential ties in a country with which Canada has a tax treaty and you are considered to be a resident of that country for the purposes of that tax treaty, you may be considered a deemed non-resident of Canada for tax purposes." I am a resident of the US. The US has a tax treaty with Canada. Thus, do I not have anything to worry about?

  1. Can I continue to stay here and work remotely from here legally, until they make a decision on my extension, given that my work isn't considered "work"?
  2. Can I continue to stay here without any tax implications, given the information that I have found above and any other information I might be missing?

If I am misinterpreting anything, please let me know. Are there any concerns? Thanks!

1. You are fine to work from Canada without a work permit provided you / the company you are working for has no Canadian customers / clients. The work you are doing in Canada cannot compete with Canadians in the labour market here.
2. I'm not 100% sure about the second question and you may want to check with an accountant. Many people have to file both Canadian and U.S. tax returns despite the treaty.