US Entity Tax Compliance
Depending on the type of business entity, we can assist with tax compliance. Entities include:
- US Branch
- Limited Liability Companies (LLC)
- Partnerships (e.g. GP, LP, LLP, LLLP)
- Single Member Disregarded Entities
- Controlled Foreign Corporations (CFC)
We can advise on the laws around Permanent Establishment and “Doing Business”, which are relevant for the application of the US-Canada Tax Treaty as well as for determining nexus in US States, which may not conform to the Treaty.
For those who are considering incorporating, we can assist with crossborder planning for incorporated professionals and personal service corporations and advise on what makes the most sense.
For U.S. Companies looking to expand to Canada, we can help with the registration of Canadian branches with the CRA for business numbers, sales and payroll ID’s.
We can advise on the tax laws around Canadian Foreign Accrual Property Income (FAPI) and the Exempt Surplus.
Canadian Foreign Affiliate
We can help with compliance and reporting of Canadian Foreign Affiliates and Controlled Foreign Affiliates
We can assist with tax compliance related to reorganization and liquidation of entities operating in a cross-border format.
We can assist with Canadian and U.S. Treaty-based reporting, including analyzing for U.S. State conformity to the Tax Treaty.
U.S. State Nexus
We can advise you on whether your business has income, franchise, gross receipts, and other direct-tax nexus issues with a U.S. state.
U.S. State Sales Tax
On June 21, 2018, the U.S. Supreme Court overruled the “physical presence” test. Now, remote sellers (including Canadian companies) may be subject to sales tax in many U.S. states. We can help analyze your business for potential sales tax obligations.
Incorporating may be advantageous for certain professionals. We can help with crossborder planning for incorporated professionals and personal service corporations.
We can advise on voluntary disclosure and delinquent filings related to U.S. Federal and State income taxes and State sales taxes for Canadian corporations who have determined their filing obligations.
We can advise on tax withholding and reporting requirements on Crossborder transactions. Withholdings may be subject to reduced Tax Treaty rates and are required on certain payments and distributions.
US Forms (e.g. W8-BEN-E)
We can assist you with forms W-9, W-8BEN, W-8ECI, W-8IMY, and any other forms you may encounter if you are Canadian that is being paid from the U.S.