Serbinski Weinberg, Ltd., Certified Public AccountantsTax and other financial matters concerning Canadian professionals in the U.S. and U.S. citizens in Canada Includes income and estate taxation, social security, health insurance, retirement accounts, cross border tax issues, and other matters affecting your pocketbook. Topic Administrator: Mark T. Serbinski, CA, CPA of Serbinski Weinberg, Ltd. CPA's and Serbinski Partners, Chartered Accountants

Canada to U.S. Business Immigration Newsgroup

Topic: Tax and Financial

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Posted by Nelson on August 20, 2004 at 12:00:36:

In Reply to: Canadian contractor, virtual American work posted by Sarah H on August 20, 2004 at 11:33:18:

Hi - I'm trying to determine if I need to file with the IRS. I'm a Canadian consultant, sole proprietor, who has started doing some work with American businesses, all done over the phone or Internet - I wouldn't be visiting the US at all. I would not be considered an employee. One business has just sent me a W8 form to fill out and return - which would be completely inappropriate. I'm not sure if I should return a 8233 (personal services performed IN the US), or a W–8BEN (Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding), or something else all together! And what should I submit, if anything, to the IRS? thanks for any assistance! Sarah
There is no W-8 form, so I don't know what they sent you.

You really shouldn't have anything to fill out, as they should simply be cutting you a check. period.

However, your goal is to not have withholding, so I would be filling an 8233, disregarding that the work is not being performed in US.

If you do eventually get some taxes withheld, then filing a 1040NR at year-end, quoting the treaty, will get it all back to you.


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