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    Karinette's Avatar
    Karinette Posts: 5, Reputation: 1
    New Member
    		  
    #1

    Jun 8, 2012, 05:30 PM
    Non resident alien and right to work
    Hi!

    I am desesperately trying to find an answer to my question.

    I am a Canadian that just moved to the United States for my husband's work (he has a TN visa). I am a non resident alien not allowed to work in the U.S for now (TD visa) that will meet the criteria of the substantial presence test at the end of the year.

    I would like to know if I can continue working for my employer in Canada or as a freelancer for my employer in Canada.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jun 8, 2012, 05:48 PM
    Yes, you can continue to work, but the income is subject to U.S. income taxes.
    Karinette's Avatar
    Karinette Posts: 5, Reputation: 1
    New Member
    		  
    #3

    Jun 8, 2012, 05:49 PM
    Thanks for the answer!

    Will it be subject to Canadian income taxes as well?
    Karinette's Avatar
    Karinette Posts: 5, Reputation: 1
    New Member
    		  
    #4

    Jun 8, 2012, 06:02 PM
    I just edited my original message to add my visa type (TD, i.e. dependent of a TN visa holder).
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Jun 8, 2012, 06:37 PM
    .Not sure about Canadian tax law, but if Canadian taxes are due, you will get a credit on your U.S. return if you file Form 1116.
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