TaxTips.ca - Non-Resident Workers in Canada (2024)

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Non-Resident Employees

Employees in Canada who are not Canadian residents, and who are in regular and continuous employment in Canada, will be subject to the same tax deductions as Canadian residents. These deductions include federal and provincial income tax, employment insurance premiums, and Canada or Quebec Pension Plan contributions.

Temporary Workers

Temporary workers who are neither Canadian citizens nor permanent residents are issued Social Insurance Numbers (SINs) that begin with a "9". These SINs are valid only until the expiry date printed on the card.

TD1 Forms Determine Tax Withholdings

Employees complete federal TD1 forms so that the employer can determine which "claim code" to use when calculating payroll deductions. On page 2 of the federal TD1 there is a question for non-resident workers. If as a non-resident employee, your taxable income earned in Canada will be 90% or more of your world income for the year, you can answer "yes" and claim exemptions available to you on page 1 of the TD1. If the response to this question is "no", then no exemptions are allowed in calculating payroll deductions. If "yes" is answered, and the total exemptions are greater than the basic personal amount, then a provincial TD1 form should also be completed.

CRA Online Payroll Calculator

Employers can use the Canada Revenue Agency (CRA) online payroll deductions calculator, as can employees who want to see what their deductions will be. See our article on calculating payroll deductions.

Non-Resident Tax Return

You may recover some of the taxes paid as a non-resident employee, when filing your Canadian tax return. If reporting only income from employment in Canada from a business that had a permanent establishment (PE) in Canada, then the tax return for the province in which the income was earned would be used, not the non-resident return. If your taxable income earned in Canada is 90% or more of your world income for the year, then all available federal and provincial non-refundable tax credits can be claimed. If the percentage is less than 90%, then only certain non-refundable tax credits can be claimed on the tax return. See Part B - Federal non-refundable tax credits, in the non-resident tax return Guide 5013-G.

If your country of residence has a tax treaty with Canada, all or part of Canadian-source income may be exempt from Canadian tax. Under some treaties, employment income is exempt if:

TaxTips.ca - Non-Resident Workers in Canada (1)it is less than a certain amount (e.g. $10,000 for US residents); or
TaxTips.ca - Non-Resident Workers in Canada (2)you were present in Canada for 183 days or less in the year and you received it from an employer who was not a resident of Canada and who did not have a permanent establishment in Canada.

Any exempt income can be deducted on line 25600 (additional deductions) of your Canadian tax return.

Non-Resident Service Providers

Income Tax Act s. 153(1)(g), Regulations s. 105

If a non-resident individual, partnership, or corporation is providing services rendered in Canada, and these services are not performed in the ordinary course of office or employment, any payment made for the services is subject to a 15% withholding tax, except for non-resident actors (see below) and individuals to whom the Canada-US Tax Convention applies. Article XVII (1) of the Canada-US Tax Convention limits the rate of withholding tax to 10% on the first $5,000 (in $Canadian) paid to an individual (not a corporation) by each payer in the calendar year, as remuneration for the performance of services.

Most businesses operating in Canada are required to register for a Business Number (BN).

Non-Resident Actors

Non-resident actors are subject to a withholding tax of 23% on their gross income earned from acting in a film or video production, including residuals and contingent compensation, with no deductions permitted.

Filing of a Canadian tax return is not necessary, but an actor can elect under s. 216.1 to file a return, and pay tax on their net income as calculated on the tax return, possibly recovering some or all of the 23% withholding tax.

See CRA's Electing under section 216.1.

TaxTips.ca Resources

Who Pays Tax in Canada and On What Income?

Leaving Canada (Emigrating From Canada)

Canada Revenue Agency (CRA) Resources

Income Tax and Benefit Package for non-residents and deemed residents of Canada (includes T5013 Guide)

Schedule B Allowable Amount of Non-Refundable Tax Credits - Non-Resident of Canada

Tax treaties

T4058 Non-Residents and Income Tax

T4061 - NR4 - Non-Resident Tax Withholding, Remitting, and Reporting

Information Circular (IC) 75-6, Required Withholding From Amounts Paid to Non-Residents Providing Services in Canada

Actors - Election to File a Return

T4144Income Tax Guide for Electing Under s. 216

Revised: November 29, 2022

TaxTips.ca - Non-Resident Workers in Canada (2024)

FAQs

How are non-resident employees taxed in Canada? ›

Generally, the non-resident withholding tax is considered your final tax obligation to Canada on that income. However, you can choose to report this income on a Canadian tax return for 2022 by electing under section 216.1 of the Income Tax Act (see Find out which tax package is for you).

How much of my tips should I claim Canada? ›

Some servers may claim 10% of the tips they receive, others may pool their tip claims with their colleagues but in the end Canada Revenue Agency (CRA) takes the stance that any money received while on the job is taxable income.

How are taxes assessed for US citizens working in Canada? ›

Tax residency: If you're living and working in Canada, you may be considered a tax resident of Canada. You will be subject to income tax in Canada based on your global income. You will also need to file a Canadian tax return each year, regardless of your income in Canada.

What is qualifying non-resident employee in Canada? ›

A qualifying non-resident employee, at any time in respect of a payment of employment income, is an employee that: is resident in a country that Canada has a tax treaty with at the time of the payment; does not have to pay tax in Canada on the payment because of a tax treaty;* and.

Who do I pay taxes to if I live in Canada but work for a US company? ›

Yes, you must report any and all income to the CRA.

You may be tempted to forego reporting your foreign income to the CRA. Still, if they find out that you have failed to report any amount of income on your taxes, you will not only be liable for paying back taxes, but you may be subject to paying a penalty as well!

Who do I pay taxes to if I live in Canada and work in us? ›

If the CRA establishes your residence status as a Canadian resident, you'll pay income tax on income earned anywhere in the world. Even if you spend some time working outside Canada, you'll still be liable to pay federal and territorial tax.

Is tipping in Canada 10%? ›

Gratuities are seldom included in Canadian restaurants. It is customary to tip approximately 15-20% on the total bill before tax, less for poor service, more for truly exceptional service. Many restaurants may charge an automatic 15-18% gratuity for larger groups.

Is it OK to not tip in Canada? ›

Even though *legally* tipping is optional, to not leave a tip is a faux pas when you're getting table service in a restaurant in Canada. You leave a tip, it is expected. 15% is the norm in Canada, 20% if they exceeded your expectations, 10% if it was below par.

Do you have to pay taxes on tips in Canada? ›

In Canada, the law is clear about the treatment of income received from tips and gratuities: all tips and gratuities are taxable, and it is your responsibility to track and report any amounts received.

Do I have to pay US taxes if I work in Canada? ›

Do I still need to file a U.S. tax return? Yes, if you are a U.S. citizen or a resident alien living outside the United States, your worldwide income is subject to U.S. income tax, regardless of where you live.

Do I pay taxes in US if I work in Canada? ›

For starters, Americans and U.S. green card holders living in Canada should continue to file a U.S. tax return each year. As a U.S. citizen, you have a tax obligation to the U.S. regardless where you hang your hat.

Does a US citizen have to pay taxes in Canada? ›

United States citizens as well as permanent residents must pay US taxes regardless of where they live. But, Canadian citizens not living in Canada are subject to different rules than residents. One benefit is most income derived outside of Canada does not get considered in calculating income tax in Canada.

How long can I work in Canada without paying taxes? ›

The 183-day rule

the days you worked in Canada. the days you spent on vacation in Canada, including on weekend trips.

Do temporary foreign workers in Canada pay income tax? ›

Every individual who can legally work in Canada, including Temporary Foreign Workers, is required to pay both provincial and federal taxes. Your personal situation such as residency status, income level, marital status, medical expenses, and number of children will affect how much taxes you pay.

Who is a non-resident employee? ›

An individual present in the U.S. on a temporary visa, who is not a tax resident of the U.S., is considered to be a “Non-Resident Alien.” Non-resident aliens have special taxation rules and may be able to claim tax treaty benefits for reduced federal taxation.

Can I work in Canada but live in the United States? ›

If your stay exceeds 180 days, you will most likely need a visa. You will also need a visa or work permit if you intend to work in Canada. Unless you apply for Canadian citizenship, you will always be considered an American citizen, including if you become a permanent resident of Canada.

Can I legally work in Canada as a US citizen? ›

A work permit is a must for US workers in Canada.

Unless your job is exempt from a work permit, you must receive a permit to work in Canada. Unfortunately, this rule applies to US citizens just like other applicants. However, you may apply for a work permit at a port of entry.

Can you live in Canada and work remotely in the US? ›

Yes you can, We do not care if you have a remote US job. However, as a Canadian resident you have to file a Canadian tax return for the income. Then you will also have to file a US tax return on the same income though you will get a tax credit for the Canadian taxes paid. You will not be double taxed.

What happens to my taxes if I move from US to Canada? ›

Americans who are physically present in Canada for more than 182 days in a calendar year, or who have residential ties to Canada (such as a home, family, or employment), have to file Canadian taxes that year. As an American citizen or Green Card Holder, they also have to file U.S. taxes.

How long can a U.S. citizen live in Canada? ›

Most visitors can stay for up to 6 months in Canada. If you're allowed to enter Canada, the border services officer may allow you to stay for less or more than 6 months. If so, they'll put the date you need to leave by in your passport.

Do I have to pay double tax for Canada and US? ›

The U.S./Canada tax treaty helps prevent U.S. expats living in Canada from paying taxes twice on the same income. Learn more about this treaty and how it can help.

Do you tip in Canada hotel? ›

Tipping in Canada is much the same as it is in the U.S. Generally when you are receiving services, such as from waitstaff, hairdressers, cab drivers, hotel employees, and others, you are expected to give an extra bit of money in addition to the stated cost.

What is the highest minimum wage in Canada? ›

Yukon – $16.77 per hour

The 2023 minimum wage in the Yukon is $16.77 per hour, and came into effect on April 1st. It is a raise of $1.07 from the 2022 rate, an increase of 6.7%. This minimum wage increase is calculated using the CPI. This is the highest minimum wage offered anywhere in Canada.

Is 25% a good tip Canada? ›

WHAT SHOULD A STANDARD TIP BE? Blais Comeau said the standard restaurant tip across Canada is between 15 and 18 per cent of the bill, before taxes. She said 15 per cent is appropriate in most cases.

Is it rude to tip in US dollars in Canada? ›

If you wish to tip or pay for things in US Dollars(USD) it is generally accepted, however, it will be treated as $1 USD = $1 CAD when in reality the exchange rate is approximately $1 USD ≅ $1.25 to $1.30 CAD. This means that you will be overpaying by a significant margin.

Do you tip in Canada like the US? ›

Tipping may not be common in your home country but is deeply ingrained in Canadian life. It is not mandatory but in certain situations, it is customary and expected. Not tipping for services is considered rude.

What is a decent tip in Canada? ›

Looking at Canada, the research suggests that tipping 15% to 20% is typical here. According to the tip percentage bar, that's on the high end compared to the rest of the world. In many European countries, it's typical to tip around 10% in most places. In some countries, like Australia and Japan, tips are not expected.

What is the difference between a tip and a gratuity? ›

What Distinguishes a Gratuity from a Tip? A Tip Is a Gift – A Gratuity Is a Fee There are some critical differences between a tip and a gratuity. The first is that a tip is a gift, while a gratuity is a fee. This is significant because it means that you can't use a tip as an excuse to pay your employees less.

What tips are not taxable? ›

Employers show allocated tips on the employee's Form W-2 in the box 8 titled "Allocated tips." No income tax, social security or Medicare taxes are withheld on allocated tips.

Are waiters taxed on tips in Toronto? ›

A recent court ruling found that restaurant owners, and subsequently employees, must now include credit card tips as a liability for CPP and EI payments. The ruling was made in response to the Ristorante a Mano v Minister of National Revenue case.

Are taxes higher in Canada or USA? ›

American federal income tax brackets ideally range from 10% to 35%, whereas in Canada it ranges from 15% to 29%.

What taxes do US citizens pay when working abroad? ›

In general, yes — Americans must pay U.S. taxes on foreign income. The U.S. is one of only two countries in the world where taxes are based on citizenship, not place of residency. If you're considered a U.S. citizen or U.S. permanent resident, you pay income tax regardless where the income was earned.

How can I avoid double taxation in Canada? ›

Canadian taxpayers avoid double-taxation by making a claim on their return for a foreign tax credit (FTC). That is to say, you get to claim a credit on your Canadian return for an amount of tax paid to a foreign country.

Can I work remotely in Canada for a US company? ›

Whether you've recently moved to Canada or are looking to expand your employment options, working in Canada for a US company might appeal to you. As with all remote work, establishing an effective work routine can help you perform well and enjoy the benefits of working remotely.

Do I have to pay tax in USA if I'm not a resident? ›

Nonresident aliens must file and pay any tax due using Form 1040NR, U.S. Nonresident Alien Income Tax Return.

Do I have to file a tax return in Canada if I am a non-resident? ›

As a non-resident of Canada, you pay tax on income you receive from sources in Canada. The type of tax you pay and the requirement to file an income tax return depend on the type of income you receive. Generally, Canadian income received by a non-resident is subject to Part XIII tax or Part I tax.

Who is considered a non-resident of Canada? ›

You may be considered a non-resident of Canada if you did not have significant residential ties with Canada and: You lived outside Canada throughout the year (except if you were a deemed resident of Canada) You stayed in Canada for less than 183 days in the tax year.

Do dual citizens pay taxes in both countries? ›

Being a dual citizen means that a person is considered a citizen/national of two countries at the same time, and is subject to both country's tax laws. Something to remember is that each country has its own laws dictating who qualifies as a citizen.

What is the non-resident tax rate in Canada? ›

The general Canadian non-resident withholding tax rate is 25% which applies to certain Canadian-source income paid or credited to non- residents of Canada. However, the provisions of an income tax treaty between Canada and your country of residence may provide for a reduced withholding tax rate.

How are foreign workers taxed in Canada? ›

Employees in Canada who are not Canadian residents, and who are in regular and continuous employment in Canada, will be subject to the same tax deductions as Canadian residents. These deductions include federal and provincial income tax, employment insurance premiums, and Canada or Quebec Pension Plan contributions.

What are examples of non-resident? ›

Non-Resident Aliens

A non-resident alien is a foreigner who does not have a legal residency or a substantial presence in the United States, such as seasonal workers, visiting businesspeople, or those who commute across the border from Canada or Mexico.

What is non-resident payroll? ›

This status is for employers that aren't permanent residents in a country, but have non-resident employees. Just as with a residential employee, you'll need to consider tax and reporting requirements.

Do foreign employees pay FICA? ›

International students, scholars, professors, teachers, trainees, researchers, physicians, au pairs, summer camp workers, and other aliens temporarily present in the United States in F-1,J-1,M-1, or Q-1/Q-2 nonimmigrant status are exempt from FICA taxes on wages as long as such services are allowed by USCIS and have ...

Do temporary foreign workers pay taxes in Canada? ›

Every individual who can legally work in Canada, including Temporary Foreign Workers, is required to pay both provincial and federal taxes. Your personal situation such as residency status, income level, marital status, medical expenses, and number of children will affect how much taxes you pay.

Can I work as a non resident in Canada? ›

Foreign nationals looking to work in or visit Canada may need to get a work permit, a visitor visa or both to enter Canada. There are temporary and permanent immigration programs that you may be eligible to apply for.

What form is non resident withholding tax Canada? ›

To order Form NR93, Non-Resident Tax Remittance Voucher, call the CRA at 1-855-284-5946 from anywhere in Canada and the United States or at 613-940-8499 from outside of Canada and the United States. The CRA accepts collect calls by automated response.

Do non resident aliens pay payroll taxes? ›

Wages paid to nonresident aliens employed within the United States by an American or foreign employer, in general, are subject to Social Security/Medicare taxes for services performed by them within the United States, with certain exceptions based on their nonimmigrant status.

Do I pay Canadian tax on U.S. income? ›

Taxes Paid in the United States

Because you have a duty to report all your U.S. income on your Canadian return, the income is deemed taxable as Canadian income. The usually lower U.S. income tax rate could leave you with an amount owing for the difference between the United States and Canadian income tax rates.

Do I pay taxes in U.S. if I work in Canada? ›

For starters, Americans and U.S. green card holders living in Canada should continue to file a U.S. tax return each year. As a U.S. citizen, you have a tax obligation to the U.S. regardless where you hang your hat.

Can I legally work in Canada if I am a US citizen? ›

A work permit is a must for US workers in Canada.

Unless your job is exempt from a work permit, you must receive a permit to work in Canada. Unfortunately, this rule applies to US citizens just like other applicants. However, you may apply for a work permit at a port of entry.

Can I work remotely in Canada as a US citizen? ›

Whether you have a remote job in Canada or not, or go to the office every day if you are not a permanent resident or a Canadian citizen, you will need a work permit to be legally employed by a Canadian company.

Do I have to file a tax return in Canada if I am a non resident? ›

As a non-resident of Canada, you pay tax on income you receive from sources in Canada. The type of tax you pay and the requirement to file an income tax return depend on the type of income you receive. Generally, Canadian income received by a non-resident is subject to Part XIII tax or Part I tax.

What income is not taxable in Canada? ›

compensation received from a province or territory if you were a victim of a criminal act or a motor vehicle accident. most amounts received from a life insurance policy following someone's death. most types of strike pay you received from your union, even if you perform picketing duties as a requirement of membership.

How much foreign income is tax free in Canada? ›

If more than 10% of your income came from outside Canada, you aren't eligible for that basic personal deduction amount. On your TD1 form, you disclose if you will earn at least 90% of your income in Canada in the year.

What taxes are non-resident aliens exempt from? ›

Unlike resident aliens, nonresident aliens are required to pay income tax only on income that is earned in the U.S. or earned from a U.S. source. 6 They do not have to pay any taxes on foreign-earned income.

What tax is withheld on nonresident aliens? ›

If a nonresident receives US source income, a mandatory withholding of 30% on most types of income will apply. But, exceptions exist – for example, on some sales of US real estate. However, the US has tax treaties with many countries that change the tax treatment of US source income to 15%, 10%, or even zero.

Which type of income do nonresident aliens pay tax on? ›

You must file Form 1040-NR, U.S. Nonresident Alien Income Tax Return only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Refer to Foreign Students and Scholars for more information.

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