2. 3 ESSENTIALSFOR CDN
COMPANIESDOING
BUSINESSINTHEU.S.
2Slide /
GROUND
RULES
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3. 3 ESSENTIALSFOR CDN
COMPANIESDOING
BUSINESSINTHEU.S.
DON SCOTT, FCPA, FCA
WELCH LLP
dscott@welchllp.com
PARTNER&DIRECTOR OF TAXSERVICES
ALAN TIPPETT,CPA (INDIANA)
WELCH LLP
atippett@welchllp.com
DIRECTOR OF U.S. TAXADVISORY SERVICES
NANCY-leeGLOVER
PRESIDENT
GLOVER CUSTOMS BROKERS
nlglover@glovertrade.com
Warren creates
Perley-robertson, hill & mcdougall
wcreates@perlaw.ca
Head of immigration
Introducing your Webinar PANELISTS
6. 3 ESSENTIALSFOR CDN
COMPANIESDOING
BUSINESSINTHEU.S.
6Slide /
COMMON
CORPORATE
STRUCTURES
FORu.S.
ACTIVITY
DIRECTSALES
Sale of a
product
or service
CANADA
U.S.
CANCO
U.S.BRANCH
Sale ofa
product
or service
Employees
U.S.
BRANCH
(i.e. office)
CANCO
U.S.SUBSIDIARY
Sale ofa
product
or service
Employees
U.S.
BRANCH
(i.e. office)
CANCO
U.S.
SUBSIDIARY
7. 3 ESSENTIALSFOR CDN
COMPANIESDOING
BUSINESSINTHEU.S.
7Slide /
PE
Vs.
NEXUS
PERMANENT
ESTABLISHMENT(PE)
- Federal concept which is defined
by the Treaty
- Approximately half of the states
follow the Treaty
NEXUS
- Minimum contact in a state to
subject enterprise to state taxation /
filing
PE NEXUS
16. 3 ESSENTIALSFOR CDN
COMPANIESDOING
BUSINESSINTHEU.S.
16Slide /
WORKING
IN THE U.s.
UNDER
NAFTA
BUSINESSVISITORS
(B-1)
• Allowable activities
• After-sales service
Professionals
(TN-1)
• Eligibility
INTra-company
Transferees(L-1)
• Eligibility
• Executives
• Managers
• Specialized Knowledge
NAFTA IS
RECIPROCAL
• Each of these temporary statuses is also available to Americans or Mexicans seeking to work in Canada
• Similar application processes for each country
17. 3 ESSENTIALSFOR CDN
COMPANIESDOING
BUSINESSINTHEU.S.
17Slide /
ENSURING A
SUCCESSFUL
APPLICATION 01 DOCUMENTATION
• Bullet-proof the application
• Bricks and mortar/credibility
• Proof of citizenship
• Company information
• Employee information
• Duties/functions/responsibilities of
worker
• Educate the travelling worker
02 INADMISSIBILITY
• Criminal
• Medical (publichealth, public
safety, excessive demand)
• Misrepresentation
• (immigration fraud)
21. 3 ESSENTIALSFOR CDN
COMPANIESDOING
BUSINESSINTHEU.S.
DON SCOTT, FCPA, FCA
WELCH LLP
dscott@welchllp.com
PARTNER&DIRECTOR OF TAXSERVICES
ALAN TIPPETT,CPA (INDIANA)
WELCH LLP
atippett@welchllp.com
DIRECTOR OF U.S. TAXADVISORY SERVICES
NANCY-leeGLOVER
PRESIDENT
GLOVER CUSTOMS BROKERS
nlglover@glovertrade.co
m
Warren creates
Perley-robertson, hill & mcdougall
wcreates@perlaw.ca
Head of immigration
Introducing your Webinar PANELISTS