Canadians Working In The United States
IRS Compliance Requirements:
- Determine whether the individual is a U.S. resident or non-resident alien for U.S. federal tax purposes based on the applicable residency rules, including the substantial presence test and, where applicable, the Canada–U.S. Tax Treaty.
- File Form 1040 if treated as a U.S. resident for tax purposes.
- File Form 1040-NR if treated as a U.S. non-resident alien and required to file a U.S. return.
- Report U.S. employment income, investment income, rental income, business income, and other U.S.-source income, as applicable.
- Review Form W-2, Form 1099, Form 1042-S, and other U.S. information reporting documents received during the year.
- File applicable state and local income tax returns, depending on the state where the individual works, lives, or earns income.
- Review state residency and non-resident filing requirements, particularly where the individual lives in Canada but works physically in the United States.
- Determine the appropriate U.S. payroll withholding for federal, state, Social Security, and Medicare taxes.
- Review Social Security and Medicare (FICA) obligations and potential exemptions or treaty/social security agreement provisions for qualifying Canadian workers.
- Where applicable, review Form 8840 (Closer Connection Exception Statement) and Form 8843 or other residency-related forms.
- Consider Form 1116 where applicable to claim a foreign tax credit for qualifying Canadian income taxes paid.
- Review Canada–U.S. Tax Treaty provisions relating to employment income, residency, withholding, and allocation of taxing rights.
- Maintain documentation supporting days worked in each country, employment contracts, T4s, W-2s, U.S. payroll records, travel records, and taxes paid.
CRA Compliance Requirements:
- File T1 General if the individual remains a resident of Canada for Canadian tax purposes.
- Determine the individual’s Canadian tax residency status, including whether they remain a factual resident, become a non-resident, or qualify as a deemed resident/non-resident.
- If a Canadian resident, report worldwide income, including U.S. employment income and other foreign-source income.
- Report U.S. employment income using the appropriate Canadian-dollar exchange rate and maintain supporting documentation for the conversion.
- Claim a foreign tax credit for qualifying U.S. federal and state income taxes paid, subject to Canadian foreign tax credit limitations.
- File Form T1135 if specified foreign property exceeds the applicable reporting threshold.
- Review whether U.S. financial accounts, investments, securities, rental properties, and other assets are reportable under Canadian foreign-property rules.
- Report U.S. rental income, investment income, dividends, interest, capital gains, and pension income, where applicable.
- Review CPP and U.S. Social Security coordination under the Canada–U.S. Social Security Agreement to determine the applicable contribution requirements.
- Review EI and U.S. unemployment insurance implications based on the individual’s employment arrangement and work location.
- Determine whether CPP contributions are required where employment is performed in the United States and whether a certificate of coverage or other documentation is relevant.
- Review the treatment of U.S. retirement plans, including 401(k)s, IRAs, pensions, and other employer-sponsored plans, for Canadian tax purposes.
- Apply the Canada–U.S. Tax Treaty where relevant to residency, employment income, pension income, withholding, and double-taxation relief.
- Maintain records of U.S. workdays, Canadian workdays, T4s, W-2s, U.S. tax returns, state tax returns, payroll deductions, travel dates, and foreign taxes paid.
