Loading...
Answers
MenuI'm a business in Canada (QC) that mostly does business with USA based clients over the web. What taxes do I need to apply?
I understand how taxes work within Canada, but when I am dealing with US customers, what taxes apply and do I need to collect taxes to give to the US gov, Candian gov or both? Do I need to register with the US to collect taxes there? How does the income I'm getting from the US (in US dollars) factor in to my Canadian income taxes? According to Canadian laws, I don't need to collect taxes on my services within Canada unless I make over a certain amount in revenue (40K I think). Does income from the US count towards that revenue? I don't want to get in trouble with the CRA or IRS, but everyone I ask gives me a different answer about how this works.
Answers
I will answer this is the simplest form I can. Basically in every country to conduct business in you will need to pay taxes in that country. If you have an office, employees or your revenue comes from that country you have to pay taxes. These taxes will include State, Federal and Sales Tax. Moreover, this at the beginning will make you think you are paying double tax since this income also has to be paid with your local government, but it isn't so bad. This could be a great opportunity to build a tax strategy where you can take advantage of multi country taxation which can lower your overall tax bracket. There are several steps you have to do to conduct business in the US, such as incorporating first as a foreign corporation in the state you chose (Preferably one with no state tax) then filing your taxes. Your tax preparer in Canada will have to take this in consideration since there are forms he has to fill out to cancel either you Canadian Income Tax or your US tax preparer to fill out the return not to pay taxes here but in Canada... whichever tax you have to pay depending on the international treaties they have.
You can review the IRS publication 559 for further guidance as well.
I agree, you will have separate US taxes on the US earned income.
You can take a credit in Canada for foreign taxes paid in the US. You should not pay tax twice on the same income.
Is the product or service you are selling subject to sales tax? You have to provide more info to determine that tax.
Anytime you conduct business within the U.S. or with U.S. based customers, you should consider the various federal and state tax implications that may apply to your business.
Generally, a foreign business is subject to U.S. federal income taxes if that business is engaged in a U.S. trade or business and has income effectively connected (ECI) with such U.S. trade or business. If your only connection to the U.S. are sales to U.S. customers, that is generally not enough to create a taxable nexus with the U.S.
Factors that may create a U.S. trade or business with effectively connected income may include, but are not limited to, having employees based in the U.S., a fixed office location in the U.S. and if you are personally traveling to the U.S. to perform the work.
The other issue is whether tax treaty benefits may apply. Assuming you qualify for treaty benefits under the U.S.-Canada tax treaty, Canadian businesses are only subject to income taxes in the U.S. if they operate a permanent establishment in the U.S., as defined in Article 5 of the tax treaty.
If it's determined that your company is engaged in U.S. trade or business and is subject to income taxes, you'll be deemed to operate a branch in the U.S. A foreign corporation with a U.S. branch needs to file a Form 1120-F and report it's U.S. effectively connected earnings.
When you claim the GST/HST you paid on your business expenses as an input tax credit, reduce the amounts of the business expenses you show on Form T2125, Statement of Business or Professional Activities, by the amount of the input tax credit. When you were claiming their wages or fees as an expense, you would deduct any GST/HST if you had already claimed it as GST/HST paid out when you filed your GST/HST return for the appropriate period. Likewise, if you had hired someone or subcontracted some work to someone in a province that has Quebec Sales Tax or Provincial Sales Tax, such as British Columbia, Saskatchewan, Manitoba, then you would include that tax in your expense claim for wages or fees. Note that you cannot claim any drawings or salaries paid to the owner of the business.
You can read more here: https://www.thebalancesmb.com/business-expenses-for-canadian-income-tax-2948642
Besides if you do have any questions give me a call: https://clarity.fm/joy-brotonath
Related Questions
-
Can my S-Corporation receive a 1099 on my behalf?
The income should be reported by the individual or business that provided the service and earned the income. If the 1099 is in your name, you could ask the issuing Company to change to the S-Corp if that is who earned the income. In the future, have a written agreement between your S-Corp and the Company you are providing service. Also, provide them with a Form W9, so they know where to report the 1099 income at year end.CS
-
Which is better 1099 vs W2? See details...
I'm assuming you're talking about yourself, working for another company? The first thing to consider is that a "1099" is NOT an employee, rather an "independent contractor". The IRS takes it seriously when a company claims 1099 contractors, when in fact, these contractors are treated as employees (the IRS wants payroll tax and will fine companies that miscategorize). To be a 1099 contractor, rather than an employee (W-2), you must have complete control over your schedule - when you work, how much ect. There are other criteria, but this is the main one - you must clearly not be treated the same as an employee. The other thing to consider is that if you are a 1099 contractor, you are responsible for paying and submitting your own income tax and self employment tax to the state and the IRS. It is more advantageous for a company to pay you as a 1099 contractor as they save paying employer portion of payroll taxes. Also you will not count as an employee for the Affordable Care Act (which impacts companies with over 50 employees). Hope this helps. KathrynKC
-
do you advice on all aspects of running a ecommerce business such as marketing , banking etc?
Yes. For USA based businesses – we consult on everything from conceptualization to completion, including federal, state, and local laws/regulations, etc. We even provide referrals for Branding (Logo/Product Packaging, etc.), Website Building & Security, SEO, Google Search, etc. If you know what you want to sell (and it is not prohibited by law), we are able to provide clarity to have you up and running within 30-days on average.DP
-
If I get a virtual address for my company and I work from home; will I still be eligible for tax credit on my home office?
yes. As long as your main place of work is your home/office.JF
-
My startup is a NY LLC and we're hiring an employee in Bangalore, India as a developer. Am I required to pay or withhold taxes in the U.S. for him?
I have established off-shore development relationships with individuals and firms in India, Ukraine, Belarus, Russia and Korea going back to 1996. You might find it a lot smoother to have them work through an established firm in India that is already set up with all appropriate licenses, tax-reporting, payment systems, and so on. It can be tricky enough to communicate the software requirements and other specifics of your project without you and them also learning and implementing processes to respect domestic and foreign regulations. If you'd like more information, feel free to set up a call.SC
the startups.com platform
Copyright © 2025 Startups.com. All rights reserved.