I'm currently a Canadian citizen working for a US company as a resident alien on a TN Visa.

According to the definition of work from here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html, the work that I'm doing would not be classified as work.

I'm trying to determine whether it is possible to telework remotely from Canada for 4-5mo/yr and spend the other 7-8mo/yr in the US and be considered only a US resident for tax/employment purposes.

Assuming of course that I don't run afoul of the "matter of fact" rules for residency in Canada (I think I could argue pretty easily that I'm solely a resident of the US).

Any help would be greatly appreciated. Thank you.

  • 1
    Tax residency and citizenship are not related much, sure, nonetheless the only possible answer is: Lawyer, lawyer, lawyer! Quite possibly two: an immigration and a tax lawyer. Do not trust what random strangers on the Internet tell you without knowing the totality of your facts.
    – chx
    Aug 23 '20 at 22:42
  • @chx why would an immigration lawyer be needed? To be certain of not losing TN status in the US?
    – phoog
    Aug 24 '20 at 13:35
  • Already getting in touch with a cross-border tax and law specialist for the final word on it, but so-far it looks like as long as I don't run afoul of the Canadian residency rules it would be allowed. Aug 24 '20 at 16:45

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