TN Visa - looking to freelance

[Ms Inquiry 0]

I am a Canadian citizen who is living and working in the US (very close to the Canada-US border) on a TN visa.  I have been operating a hobby blog and recently, I have been approached by a US company that wants me to post a sponsored blog post, reviewing one of their products (in exchange for a payment).  I know that I cannot do any type of work for compensation, while physically in the US on a TN visa, other than for my current TN employer.  However, if I did the work associated with this engagement--wrote and published the blog post--while physically in Canada, would that be a violation of my TN visa? Since the payment is over $600, I plan on having the US company fill out a W-8-BEN with my Canadian Social Insurance Number.  Do I need to make sure that the  payment is deposited in a Canadian bank account?  In addition, would any other part of my correspondence with the US company--i.e. negotiation of the amount of compensation--be considered "work?" In other words--do I need to be physically in Canada while I merely negotiate the terms of the engagement? Or, do I need to ensure that I am physically in Canada only while I complete the work for which I am receiving compensation--writing and posting the blog post?

[Coco8 1,039]

I think question (1) is for an accountant (regarding W-8-BEN). Should you report it as foreign income for IRS purposes?

 

Question (2), about the e-mails, I think that is work because you are making arrangements or negotiating something that will lead to income. In a lot of jobs, answering e-mails related to the job has to be put down as a payable hour.  Maybe have someone else take care of this for you and also post whatever needs to be posted on the blog.

 

 

 

 

[logisticamente 152]

On 6/8/2017 at 4:33 PM, Ms Inquiry said:

I am a Canadian citizen who is living and working in the US (very close to the Canada-US border) on a TN visa.  I have been operating a hobby blog and recently, I have been approached by a US company that wants me to post a sponsored blog post, reviewing one of their products (in exchange for a payment).  I know that I cannot do any type of work for compensation, while physically in the US on a TN visa, other than for my current TN employer.  However, if I did the work associated with this engagement--wrote and published the blog post--while physically in Canada, would that be a violation of my TN visa? Since the payment is over $600, I plan on having the US company fill out a W-8-BEN with my Canadian Social Insurance Number.  Do I need to make sure that the  payment is deposited in a Canadian bank account?  In addition, would any other part of my correspondence with the US company--i.e. negotiation of the amount of compensation--be considered "work?" In other words--do I need to be physically in Canada while I merely negotiate the terms of the engagement? Or, do I need to ensure that I am physically in Canada only while I complete the work for which I am receiving compensation--writing and posting the blog post?

Hi Ms Inquiry. I am in a similar situation than you..I was in the US and had to go back home and now Im working from abroad and filled form W-8-BEN-E (e in my case cuz im doing it through a local company)

The law says that if you a physically present in Canada while performing your services you are good, legal and ok. Now, since I assume you will be traveling back and forth between US and Canada I would be extra careful and have the US company that is paying for the blog withhold taxes on you payment as if you were in the US. that way the IRS cannot come back to you and claim that you or the company are doing tax fraud which would be the biggest legal issue in this case.

I am not a lawyer but I have done a lot of research on the topic because I wanted to know if I could work while I went back to the US to visit my boyfriend on a B1/B2 visa. I am playing it safe too and decided that my trips are just recreational and limit myself to work only while outside the US. None one will really know if you do or not.. I mean.. how can you prove that the paragraph you wrote for your blog was written while in Canada or in the US?! But since you are currently working in the US and will be filing taxes I recommend to go by the rules even more.

 

I think it looks better if the payment is made to a Canadian bank account, and you can be present in the US to discuss, negotiate, train, etc as long a you are not getting paid for that.

 

I hope this helps