# CA Citizen / US Resident Alien - Working in CA for US client, which tax forms to use?



## AlanSmithee (Jan 9, 2014)

Hi, 
I'm a Canadian citizen but have spent most of the last year in the US, so for tax purposes I am a Resident Alien. I am now living in Canada, but have some US clients that I'm hoping to do some work for remotely from here. I'm unsure of how to file taxes in this scenario. First I figured a W8BEN, but in the documentation it says that resident aliens should instead file a W9. If I were to file a W9 though, doesn't that mean I would need a visa for that work? Or can I submit a W9 without a visa since I'm doing the work from Canada? 

Any clarification would really be appreciated. 

Thank you, 
Alan


----------



## Bevdeforges (Nov 16, 2007)

When you say you spent most of last year in the US, was that on a visa of some sort? If so, as a resident alien, you file the regular (resident) paperwork. 

This year, your tax residence depends on where you are legally resident - which sounds like Canada. If you're working remotely from Canada, the location of your clients shouldn't matter - it's your residence that is the determining factor. 
Cheers,
Bev


----------



## Nononymous (Jul 12, 2011)

Once you are permanently living in Canada, you get yourself a business and GST number to set up as a freelancer, then invoice your US clients (and charge them GST) and it all goes on Canadian taxes. 

Depending on your US status (green card or not) you may or may not be considered a "US person" and be obliged to file a US tax return as well, though likely with no money owed.

If a US client thinks it's an employer and wants you on payroll, then I suspect you need to talk to an accountant.


----------



## AlanSmithee (Jan 9, 2014)

Thanks for the replies. I spent part of the year on a TN Visa and some additional time as a visitor. So for 2013 I was a resident alien. I came back to Canada the end of December 2013 and am now re-establishing my residence here. This is where it gets confusing for me though. I am planning to stay here for now, but there is a possibility I may return to the US later in the year for long enough that I would again be a resident alien for the 2014 tax year. Not knowing that now, can I submit a W8BEN to a client (for contract work not as an employee on payroll)? What would happen if I ended up becoming a resident alien before the tax year is over? Would that become fraud? 

I'm not sure if there's a safer thing to do or what that would be aside from turning down the work. The W8BEN form says resident aliens should instead submit a W9. However, to my understanding I would need a work visa of some sort to be filing a W9 even if I'm not residing in the county at the time. Any further insights would be appreciated.
Thanks,
Alan


----------



## Nononymous (Jul 12, 2011)

Can you not just bill them as a Canadian contractor for as long as you're living in Canada? Then there is no W* form, just your invoice. If you move back down, then you use the appropriate US W* forms. 

No comment on resident alien status question, I know nothing about this.


----------

