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L2 working remotely for Canadian employer

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  • L2 working remotely for Canadian employer

    Hello everyone,

    My spouse and I are both Canadian citizens, and we are on L1A and L2S visa in USA, just recently moved. Spouse is on L1A and I am on L2S visa.

    Thing is, I currently work for a Canadian company here in Canada. I have my incorporation in Canada and I do consulting work, so my canadian employer pays in Canada.

    And being paid in Canadian funds into a Canadian bank account?

    Am I allowed to work for Canadian company from USA, and getting paid in Canadian Dollars in Canadian bank?
    Do I just need to fill in tax in both USA and Canada?

    Thanks in advance for any help or guidance anyone has to offer.​

  • #2
    L2S is authorized to work incident to status. So it is legal for her to do work.

    Yes, she will have to pay US taxes on it (one, because she will like be a resident alien for tax purposes, so her worldwide income would be subject to US taxes, and two, even if she were a nonresident alien for tax purposes, income from work performed while she is in the US is US income and will be subject to US taxes regardless). Her company needs to withhold US taxes for her (income and other payroll taxes) if she is an employee, or if she is an independent contractor, she will need to make quarterly estimated tax payments herself.

    She may or may not be subject to Canadian taxes on that income depending whether she's a tax resident of Canada.

    This is my personal opinion and is not to be construed as legal advice.

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