Client Portal
+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
  • Forums
  • Working in Canada
  • Canadian Finance and Taxation

Help with Taxing for a visitor/waiting PR

M

mvnts

Full Member
Jan 13, 2015
30
0
Hi eveyone,

I came to Canada in 2018 and I applied to the H&C grounds in 2019. I`m still waiting for the decision, so I`m on the visitor record. I don`t work in Canada but I do work remotely for a company in the US. Should I pay fill the tax return form or I`m not eligible for that until I get the PR??
 
C

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
mvnts said:
Hi eveyone,

I came to Canada in 2018 and I applied to the H&C grounds in 2019. I`m still waiting for the decision, so I`m on the visitor record. I don`t work in Canada but I do work remotely for a company in the US. Should I pay fill the tax return form or I`m not eligible for that until I get the PR??
Click to expand...
You are not able to legally work in Canada. Doez your employer have offices in Canada, do business in Canada, have clients/customers in Canada? If they do you weren't able to work for them from Canada.
 
M

mvnts

Full Member
Jan 13, 2015
30
0
No, this company I work is remotely and it is not in Canada and does not have offices in Canada. I work in this company even before I moved here. What I understood online is that for me its fine, as long I don`t work anything related to Canada. My only problem now is regarding the taxing, since I do receive money in my account every month.
 
jclarke99

jclarke99

Hero Member
May 10, 2020
235
83
mvnts said:
No, this company I work is remotely and it is not in Canada and does not have offices in Canada. I work in this company even before I moved here. What I understood online is that for me its fine, as long I don`t work anything related to Canada. My only problem now is regarding the taxing, since I do receive money in my account every month.
Click to expand...
I'm with canuck78 - my understanding is that you are not legally allowed to work in Canada, even remotely for a U.S. company, until you obtain your PR status. I'm doing an Outland PR application for that very reason, I know that I can't legally work for my U.S. company from Canada until I obtain PR status.
 
jclarke99

jclarke99

Hero Member
May 10, 2020
235
83
Here's another perspective from a different thread...

"I've been in this position, except moving to Canada was because my wife was Canadian.

Legally-speaking, as a legal non-resident of Canada living in Canada, you can work for an American corporation while living in-country because you aren't taking a job from a Canadian citizen. The big BUT in that is that is a legal definition for immigration, which is different than border enforcement so there is a good chance you would be turned away, or at the very least harassed, every time you cross the border. I was living here eight+ months, with my wife and our pets, when the border guards decided they didn't like me working here, called me illegal, and wouldn't let me back in (after threatening to throw me in jail and ban me for a year).

You can apply for a visitors record, good for a year at a time, but IME they will still grill you hard about the job situation. I found myself a good, reputable immigration consultant to handle everything for me because it just wasn't worth the time, money, and anxiety of dealing with everything. "

Source: https://arstechnica.com/civis/viewtopic.php?t=1162965
 
M

mvnts

Full Member
Jan 13, 2015
30
0
Hi Guys,

Thanks for the info. I`m now confused because when I applied for my Visitor visa I mentioned that I was working for another company remotely and I got approved with no issues at all, I even got my extension few weeks back. In this case I`m from South America and the job has no employment relationship. I act as a contractor/freelance, so no ties with any employment relationship....that`s why I came with the question which was exactly about taxing :)
 
M

mvnts

Full Member
Jan 13, 2015
30
0
jclarke99 said:
Here's another perspective from a different thread...

"I've been in this position, except moving to Canada was because my wife was Canadian.

Legally-speaking, as a legal non-resident of Canada living in Canada, you can work for an American corporation while living in-country because you aren't taking a job from a Canadian citizen. The big BUT in that is that is a legal definition for immigration, which is different than border enforcement so there is a good chance you would be turned away, or at the very least harassed, every time you cross the border. I was living here eight+ months, with my wife and our pets, when the border guards decided they didn't like me working here, called me illegal, and wouldn't let me back in (after threatening to throw me in jail and ban me for a year).

You can apply for a visitors record, good for a year at a time, but IME they will still grill you hard about the job situation. I found myself a good, reputable immigration consultant to handle everything for me because it just wasn't worth the time, money, and anxiety of dealing with everything. "

Source: https://arstechnica.com/civis/viewtopic.php?t=1162965
Click to expand...
Hi jclark!

I just had a word with my lawyer about that. Regards the work, she said that for Economic classes it can be an issue, but for a visitor visa/extension it won`t be a problem at working remotely, as long it is not Canada. So now, back on my question, do you know regards taxing if I have to do it here?
 
jclarke99

jclarke99

Hero Member
May 10, 2020
235
83
mvnts said:
Hi jclark!

I just had a word with my lawyer about that. Regards the work, she said that for Economic classes it can be an issue, but for a visitor visa/extension it won`t be a problem at working remotely, as long it is not Canada. So now, back on my question, do you know regards taxing if I have to do it here?
Click to expand...
I'm not a cross-border tax lawyer, but I get the impression that if you have resided in Canada for less than 183 days then it's likely the case you do not need to file Canadian taxes (although if there is other evidence that you intend to live permanently in Canada, you might have to file taxes). If you've lived in Canada for 183+ days in a given tax year, then you're probably a Canadian resident for tax purposes.
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/determining-your-residency-status.html
 
  • Like
Reactions: mvnts
C

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
mvnts said:
Hi Guys,

Thanks for the info. I`m now confused because when I applied for my Visitor visa I mentioned that I was working for another company remotely and I got approved with no issues at all, I even got my extension few weeks back. In this case I`m from South America and the job has no employment relationship. I act as a contractor/freelance, so no ties with any employment relationship....that`s why I came with the question which was exactly about taxing :)
Click to expand...
Does your employer have any customers/clients in Canada? Not having offices is not enough.
 
C

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
mvnts said:
Hi jclark!

I just had a word with my lawyer about that. Regards the work, she said that for Economic classes it can be an issue, but for a visitor visa/extension it won`t be a problem at working remotely, as long it is not Canada. So now, back on my question, do you know regards taxing if I have to do it here?
Click to expand...
Working remotely is only possible if your employer has no branches in Canada and has no clients/customers in Canada. You will need to ask someone higher up in the company who is aware of any potential ties to Canada.
 
M

mvnts

Full Member
Jan 13, 2015
30
0
jclarke99 said:
I'm not a cross-border tax lawyer, but I get the impression that if you have resided in Canada for less than 183 days then it's likely the case you do not need to file Canadian taxes (although if there is other evidence that you intend to live permanently in Canada, you might have to file taxes). If you've lived in Canada for 183+ days in a given tax year, then you're probably a Canadian resident for tax purposes.
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/determining-your-residency-status.html
Click to expand...
Thank you so much I`ll look into it
 
You must log in or register to reply here.