Do I still need to file taxes with the Canadian government if I am working in the U.S. on a TN visa for a few years?
"You are considered a Canadian resident if you have ""significant residential ties to Canada"". Because your wife lives in Canada, you therefore are a resident. Even by working temporarily in the US, you are still considered a ""factual resident"" of Canada. Due to that, your second question is irrelevant." "The other answer has mentioned ""factual resident"", and you have raised the existence of a U.S./Canada tax treaty in your comment, and provided a link to a page about determining residency. I'd like to highlight part of the first link: You are a factual resident of Canada for tax purposes if you keep   significant residential ties in Canada while living or travelling   outside the country. The term factual resident means that, although you left Canada, you   are still considered to be a resident of Canada for income tax   purposes. Notes If you have established ties in a country that Canada has a tax treaty   with and you are considered to be a resident of that country, but you   are otherwise a factual resident of Canada, meaning you maintain   significant residential ties with Canada, you may be considered a   deemed non-resident of Canada for tax purposes. [...] I'll emphasize that ""considered to be a resident of Canada for income tax purposes"" means you do need to file Canadian income tax returns. The Notes section does indicate the potential treaty exemption that you mentioned, but it is only a potential exemption. Note the emphasis (theirs, not mine) on the word ""may"" in the last paragraph above. Please don't assume ""may"" is necessarily favorable with respect to your situation. The other side of the ""may"" coin is ""may not"". The Determining your residency status page you mentioned in your comment says this: If you want the Canada Revenue Agency's opinion on your residency   status, complete either Form NR74, Determination of Residency Status   (Entering Canada) or Form NR73, Determination of Residency Status   (Leaving Canada), whichever applies, and send it to the International   and Ottawa Tax Services Office. To get the most accurate opinion,   provide as many details as possible on your form. So, given your ties to Canada, I would suggest that until and unless you have obtained an opinion from the Canada Revenue Agency on your tax status, you would be making a potentially unsafe assumption if you yourself elect not to file your Canadian income tax returns based on your own determination. You could end up liable for penalties and interest if you don't file while you are outside of Canada. Tax residency in Canada is not a simple topic. For instances, let's have a look at S5-F1-C1, Determining an Individual’s Residence Status. It's a long page, but here's one interesting piece:  1.44 The Courts have stated that holders of a United States Permanent Residence Card (otherwise referred to as a Green Card) are   considered to be resident in the United States for purposes of   paragraph 1 of the Residence article of the Canada-U.S. Tax   Convention. For further information, see the Federal Court of Appeal's   comments in Allchin v R, 2004 FCA 206, 2004 DTC 6468.   [...] ... whereas you are in the U.S. on a TN visa, intended to be temporary. So you wouldn't be exempt just on the basis of your visa and the existence of the treaty. The CRA would look at other circumstances. Consider the ""Centre of vital interests test"": Centre of vital interests test [...] “If the individual has a permanent home in both Contracting States, it   is necessary to look at the facts in order to ascertain with which of   the two States his personal and economic relations are closer. Thus,   regard will be had to his family and social relations, his   occupations, his political, cultural or other activities, his place of   business, the place from which he administers his property, etc. The   circumstances must be examined as a whole, but it is nevertheless   obvious that considerations based on the personal acts of the   individual must receive special attention. If a person who has a home   in one State sets up a second in the other State while retaining the   first, the fact that he retains the first in the environment where he   has always lived, where he has worked, and where he has his family and   possessions, can, together with other elements, go to demonstrate that   he has retained his centre of vital interests in the first State.” [emphasis on last sentence is mine] Anyway, I'm acquainted with somebody who left Canada for a few years to work abroad. They assumed that living in the other country for that length of time (>2 years) meant they were non-resident here and so did not have to file. Unfortunately, upon returning to Canada, the CRA deemed them to have been resident all that time based on significant ties maintained, and they subsequently owed many thousands of dollars in back taxes, penalties, and interest. If it were me in a similar situation, I would err on the side of caution and continue to file Canadian income taxes until I got a determination I could count on from the people that make the rules."
If you're under audit - you should get a proper representation. I.e.: EA or CPA licensed in California and experienced with the FTB audit representation. There's a penalty on failure to file form 1099, but it is with the IRS, not the FTB. If I remember correctly, it's something like $50 or $100 per instance. Technically they can disqualify deductions claiming you paid under the table and no taxes were paid on the other side, however I doubt they'd do it in a case of simple omission of filing 1099 forms. Check with your licensed tax adviser. Keep in mind that for the IRS 2011 is now closed, since the 3-year statute of limitations has passed. For California the statute is 4 years, and you're almost at the end of it. However since you're already under audit they may ask you to agree to extend it. For tax purposes you will need to file as an employee (T4 slips and tax withheld automatically), but also as an entrepreneur. I had the same situation myself last year. Employee and self-employed is a publication from Revenue Canada that will help you. You need to fill out the statement of business activity form and keep detailed records of all your deductible expenses. Make photocopies and keep them 7 years. May I suggest you take an accountant to file your income tax form. More expensive but makes you less susceptible to receive Revenue Canada inspectors for a check-in.  If you can read french, you can use this simple spreadsheet for your expenses. Your accountant will be happy. Yes, you can still file a 1040nr. You are a nonresident alien and were:  engaged in a trade or business in the United States Normally, assuming your withholding was correct, you would get a minimal amount back. Income earned in the US is definitely Effectively Connected Income and is   taxed at the graduated rates that apply to U.S. citizens and resident aliens. However, there is a tax treaty between US and India, and it suggests that you would be taxed on the entirety of the income by India. This suggests to me that you would get everything that was withheld back. If you are still a UK resident, then yes. Also, as I understand it, if the contract is only for a year, then unless it happens to exactly match the payroll year, you will have to remain a UK resident and hence, yes you will have to pay tax. See here for more info (from HMRC FAQ questions) My wife and I are both Canadian citizens living in the US with green card status.  I still have a Canadian RRSP and bank account in Canada that are dormant for the most part.  We use the Canadian debit card only when traveling (which is quite helpful). Neither of us file any paperwork in Canada anymore.  But as others have mentioned, we do file the FBAR form... this takes about 10 minutes and gets mailed somewhere in Michigan if I recall correctly.  (Keep the balance less than $10k total among all foreign accounts and you relieve yourself of this too.) As far as taxes go, we make less interest in our Canadian account than in our US accounts, so the tax burden is less. Residents of Canada must pay Canadian income tax on their worldwide income (source: Wikipedia). However, there is a tax treaty between the U.S. and Canada; I haven't read it, but my guess is that it will allow you to claim a tax credit in Canada for the capital gains tax you have paid to the U.S. "If you're ""living off the land"" and make no money, then you don't have to file.  Though you might be able to actually make money through credits and the like if you do file. If you've lost more than you've made, then you'll probably need to file since someone will have needed to report that they paid you (W-2 or 1099-MISC).  If the IRS receives a form saying that you made X and you don't file, they aren't going to just take your word for it that you lost more than you made, right?  That, and if you want a refund, you'll almost certainly need to file to get it." I will not pay any taxes in the Us, since I am not working for an US   company What you will or will not pay is up to you of course, but you definitely should pay taxes in the US, as you're working in the US. Since you mentioned being from Japan, I'll also suggest checking whether you're allowed to perform any work in the US under the conditions of your visa. If you're a F1/J1 student - you'll be breaking the immigration law and may be deported. You might be liable for taxes in Germany, as well, and also in Japan. I'll have to edit this to allow people who downvoted the answer without knowing the legal requirements to change their vote. F1 student cannot be a contractor without a valid EAD. Period. There's no doubt about it and legal requirements are pretty clear. Anyone who claims that you wouldn't be breaking the terms of your visa is wrong. Note, I'm neither a lawyer nor a tax professional, for definite advice talk to a professional. I am from India. I visited US 6-8 times on business VISA and then started 2 Member LLC. Myself and My wife as LLC Members. We provide Online Training to american students from India. Also Got EIN number. Never employed any one. Do i need to pay taxes? Students from USA pays online by Paypal and i am paying taxes in India. Do i need to pay Taxes in US? DO i need to file the Tax returns? Please guide me. I formed LLC in 2010. I opened an Office-taken Virtual office for 75 USD per month to open LLC in 2010. As there is physical virtual address, am i liable for US taxes? All my earning is Online, free lancing. "If you are a permanent resident (and it wasn't taken away or abandoned), then you are a resident alien for U.S. tax purposes. (One of the two tests for being a resident alien is the ""green card test"".) Being a resident alien means all your worldwide income is subject to U.S. taxes, regardless of where you live or work. That doesn't necessarily mean you need to actually pay taxes on your income again if you've already paid it -- you may be able to use the Foreign Tax Credit to reduce your taxes by the amount already paid to a foreign government -- but you need to report it on U.S. tax forms just like income from the U.S., and you can then apply any tax credits that you may qualify for. As a resident alien, you file taxes using Form 1040. You are required to file taxes if your income for a particular year is above a certain threshold. This threshold is described in the first few pages of the 1040 instructions for each year. For 2013, for Single filing status under 65, it is $10000. The only way you can legally not file is if your income the whole year was below this amount. You should go back and file taxes if you were required to but failed to. Having filed taxes when required is very important if you want to naturalize later on. It is also one component of demonstrating you're maintaining residency in the U.S., which you're required to do as a permanent resident being outside the U.S. for a long time, or else you'll lose your permanent residency. (Even filing taxes might not be enough, as your description of your presence in the U.S. shows you only go there for brief periods each year, not really living there. You're lucky you haven't lost your green card already; any time you go there you run a great risk of them noticing and taking it away.)" "I don't see why you would need an ""international tax specialist"". You need a tax specialist to give you a consultation and training on your situation, but it doesn't seem too complicated to me. You invoice your client and get paid - you're a 1099 contractor. They should issue you a 1099 at the end of the year on everything they paid you. Once you become full-time employee - you become a W2 employee and will get a W2 at the end of the year on the amounts paid as such. From your perspective there's nothing international here, regular business. You have to pay your own taxes on the 1099 income (including SE taxes), they have to withhold taxes from your W2 income (including FICA). Since they're foreign employers, they might not do that latter part, and you'll have to deal with that on your tax return, any decent EA/CPA will be able to accommodate you with that. For the employer there's an issue of international taxation. They might have to register as a foreign business in your state, they might be liable for some payroll taxes and State taxes, etc etc. They might not be aware of all that. They might also be liable (or exempt) for Federal taxes, depending on the treaty provisions. But that's their problem. Your only concern is whether they're going to issue you a proper W2 and do all the withholdings or not when the time comes." Technically, if you earn in US (being paid there, which means you have a work visa) and live in other country, you must pay taxes in both countries. International treaties try to decrease the double-taxation, and in this case, you may pay in your country the difference of what you have paid in US. ie. your Country is 20% and USA is 15%, you will pay 5%, and vice-versa. This works only with certain areas. You must know the tax legislation of both countries, and I recommend you seek for advisory. This site have all the basic information you need: http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion Good luck. "There are two different issues that you need to consider: and The answers to these two questions are not always the same.  The answer to the first is described in some detail in Publication 17 available on the IRS website. In the absence of any details about your situation other than what is in your question (e.g. is either salary from self-employment wages that you or your spouse is paying you,  are you or your spouse eligible to be claimed as a dependent by someone else, are you an alien, etc),  which of the various rule(s) apply to you cannot be determined, and so I will not state a specific number or confirm that what you assert in your question is correct.  Furthermore, even if you are not required to file an income-tax return, you might want to choose to file a tax return anyway. The most common reason for this is that if your employer withheld  income tax from your salary (and sent it to the IRS on your behalf) but your tax liability for the year is zero, then, in the absence of a filed tax return, the IRS will not refund the tax withheld to you. Nor will your employer return the  withheld money to you saying ""Oops, we made a mistake last year"".  That money is gone: an unacknowledged (and non-tax-deductible) gift  from you to the US government. So, while ""I am not required to file an income tax return and I refuse to do voluntarily what I am not  required to do""  is a very principled stand to take, it can have monetary consequences. Another reason to file a tax return even when one is not required to do so is to claim the Earned Income Tax Credit (EITC) if you qualify for it. As Publication 17 says in Chapter 36, qualified persons must File a tax return, even if you:   (a) Do not owe any tax,   (b) Did not earn enough money to file a return,   or   (c) Did not have income taxes withheld from your pay. in order to claim the credit. In short, read Publication 17 for yourself, and decide whether you are required to file an income tax return, and if you are not, whether it is worth your while to file the tax return anyway. Note to readers preparing to down-vote: this answer is prolix and says things that are far too ""well-known to everybody"" (and especially to you), but please remember that they might not be quite so well-known to the OP." If you have non Residency status in Canada you don't need to file Canadian tax return. To confirm your status you need to contact Canada Revenue (send them letter, probably to complete some form). That's true for the tax return.  The T1135 has some late penalties.  These only apply if you had to file one, some/most people don't. http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/frgn/pnlts_grd-eng.html