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Gondaliya CPA

Cross-Border Tax Filing Experts

Tax Accountant for Canadians Working in the US in Ontario and Across Canada

You are not American and you hold no status there. The United States is taxing you for one reason: where the work was done. That makes your position completely different from an American living here, and it turns on facts nobody writes down. Treaty Article XV allocates employment income between the two countries, and the allocation is driven by the days you worked on each side of the border. Whether you file a non-resident Form 1040-NR or a resident Form 1040 turns on the substantial presence test, and a single year can be dual-status. Meanwhile Canada keeps taxing your worldwide income as a resident under ITA subsection 2(1), so the American tax you paid has to come back as a foreign tax credit under ITA section 126 — computed and supported, not estimated. And two social security systems can reach the same paycheque, with the totalization agreement and certificates of coverage as the coordinating mechanism. Keep the day count. We do the rest — with AFFORDABLE flat fees.

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AFFORDABLE Tax Accountant for Canadians Working in the US

Most cross-border tax content is written for Americans. Very little of it is written for the person this page is for: a Canadian, with no American citizenship and no green card, who earns employment income in or from the United States and is still resident here. Your exposure comes from one thing only, which is where the duties were performed, and that means the facts that decide your tax are facts about your calendar. Treaty Article XV allocates employment income between the two countries on that basis. The substantial presence test decides whether your American return is a non-resident Form 1040-NR or a resident Form 1040, and a year in which your pattern changed can be dual-status. On the Canadian side nothing has gone away: you are taxed on worldwide income as a resident under ITA subsection 2(1), and the American tax withheld from your pay has to be recovered through the foreign tax credit in ITA section 126, computed by country and by income type with the evidence behind it. At Gondaliya CPA, we handle the Canadian side, coordinate with a preparer licensed in the United States, and start by getting your day count onto paper — providing AFFORDABLE flat-fee support that stops you paying twice on the same dollar.

We work with daily commuters across the Windsor–Detroit corridor, nurses and physicians on American rosters, engineers and tradespeople on American projects, people on short-term assignment or secondment, Canadians working remotely for American employers, and transport crew who cross the border as a condition of the job. The pattern we see most often is not aggressive planning gone wrong. It is somebody who had American tax withheld all year, filed a Canadian return without claiming the credit properly, and simply paid twice without ever knowing it.

One line, stated plainly. We advise on the Canadian side and coordinate with a preparer licensed in the United States on your American returns. We name the American forms and mechanisms so you know what exists and what to ask about, and we state no American threshold, rate, day count or penalty figure anywhere on this page. State tax, in particular, goes to your American preparer.

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Accounting That Understands Cross-Border Employment

Your tax position is decided by your calendar, your pay stub and a treaty article, and almost nobody in this situation has the records that prove any of it. That is the real problem. Not complexity in the law, but the absence of evidence about something ordinary: which days you worked on which side of the border. At Gondaliya CPA, we start there and work outwards.

📅

The Day Count Decides It

Where the duties were performed drives the Article XV allocation and the substantial presence question. A contemporaneous record of days is the evidence the whole position rests on.

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Which American Return

A non-resident Form 1040-NR, a resident Form 1040, or a dual-status year. The substantial presence test decides, and we frame it rather than guessing at it.

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Canada Still Taxes You

As a resident you are taxed on worldwide income under ITA subsection 2(1). The American tax withheld comes back through the ITA section 126 foreign tax credit, computed rather than estimated.

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Two Social Security Systems

FICA on one side, CPP on the other, with the totalization agreement and certificates of coverage as the coordinating mechanism. We name it; the outcome is specific to you.

Stay Compliant and Stop Paying Twice

For a Canadian earning American employment income, the usual failure is not an audit. It is quietly paying tax twice on the same wages because the credit was never properly claimed. We keep both filings coherent so the relief you are entitled to is actually taken.

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Where Our Advice Stops, and Why

We advise on the Canadian side and coordinate with a preparer licensed in the United States. We name American forms and mechanisms so you know what to ask about, and we state no American figure of any kind — no threshold, no rate, no wage base, no day count and no penalty. State tax is the clearest example: it is a separate system from American federal tax with its own residence and sourcing rules, it is where over-withholding and surprise filings usually come from, and it belongs to your American preparer rather than to us. We also give no immigration advice and state no visa, permit or work authorisation requirement. And if you work remotely from Canada for an American employer, whether that creates anything for your employer is their question, not yours — we flag it and send it to counsel.

✅

CRA Obligations While You Work in the US

Staying compliant with CRA does not pause because your income is American. We manage your T1 reporting worldwide income as a Canadian resident under ITA subsection 2(1), the foreign tax credit under ITA section 126 computed by country and by income type with the American tax actually paid identified, foreign currency converted on a consistent and documented basis, instalments where American withholding does not cover your Canadian liability, employment expenses, union and professional dues and moving expenses where they apply, Form T1135 where specified foreign property costs more than $100,000 as American accounts accumulate, and the six years of records ITA section 230 requires. Where your pattern changes mid-year, the residency question gets looked at rather than assumed.

📈

The Record We Ask You to Keep

One thing we will ask of you that no other adviser seems to: keep a running record of days worked in each country, with the evidence behind it. Travel records, border crossings, timesheets, rosters, calendars, assignment letters. This sounds administrative and it is the single highest-value habit in cross-border employment, because the Article XV allocation and the substantial presence question both rest on it entirely. A record kept as you go is believed. A reconstruction assembled after a query is argued about. We give you a format in the first month and review it quarterly, so by the time either tax authority asks, the answer is already documented rather than estimated from memory.

Accounting & Tax Experts for Canadians Working in the US

Gondaliya CPA cross-border employment tax expertsGondaliya CPA cross-border personal tax experts
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Why Choose Our Accounting Services for Canadians Working in the US?

1
🎯

Tax Planning — The Credit, Properly

We compute the ITA section 126 foreign tax credit by country and income type against the American tax actually paid, which is where most of the money on these files is won or lost.

2
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Consulting — Days and Documents

We set up your day-count record in the first month and review it quarterly, so the Article XV allocation rests on evidence rather than on a reconstruction done under pressure.

3
🛡

CRA Representation — Credit Reviews

When CRA questions your foreign tax credit or your residency, we produce the records and the analysis, and pursue relief on Form RC4288 where a prior error caused penalties.

4
💵

Bookkeeping — Pay Stub Forensics

We read your American pay stubs line by line against both systems, because over-withholding and mis-coded deductions are recovered by filing correctly rather than by complaining.

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Cross-Border Employees
Includes personal T1 filing for you and your family
Booked Around Both Deadlines
Weekend and evening support until 9 PM
Always Within Reach
Just a call away when you need us

Cross-Border Employment Tax Services in Ontario

📄

Personal Tax Filing (T1) With US Employment Income

T1 preparation reporting worldwide income as a Canadian resident, with the ITA section 126 foreign tax credit computed by country against the American tax actually paid.

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Cross-Border Return Coordination

We prepare the Canadian side and work with a preparer licensed in the United States on your Form 1040-NR or Form 1040, so the two returns support each other.

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Day-Count & Article XV Documentation

The record of days worked in each country set up properly and reviewed quarterly, because the treaty allocation and the substantial presence question both rest on it.

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Pay Stub & Withholding Review

Your American pay stubs read line by line against both systems, with federal and state withholding, FICA and CPP deductions reconciled rather than accepted.

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Tax Planning for Cross-Border Employees

Planning around the credit, instalments, equity compensation sourcing questions and retirement account decisions, before the year closes rather than after.

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401(k), IRA & RRSP Interaction Review

How American retirement accounts are treated here, whether an ITA paragraph 60(j) transfer into an RRSP is available, and Article XVIII named without conclusions.

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Foreign Property Reporting

Form T1135 where specified foreign property costs more than $100,000, which arrives quietly as American accounts and savings accumulate over a few years.

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Residency Position Review

Your Canadian residency assessed on residential ties under ITA subsection 2(1), with a Form NR73 determination where the position is genuinely unclear.

⏳

Catch-Up Filing for Cross-Border Employees

File overdue T1 and T1135 years, recompute the credits that were missed, and get back into CRA compliance with your American route handled in parallel.

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CRA Audit Resolution for Cross-Border Income

Expert support on foreign tax credit, residency and foreign property reviews, handled with confidence from the first letter.

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Catch-Up Bookkeeping for Cross-Border Households

Years of American pay records, bank statements and Canadian slips reconstructed and reconciled, so both returns finally rest on the same numbers.

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Voluntary Disclosure Program for Cross-Border Employees

Come forward on unfiled T1 years, unreported American employment income or missed Form T1135 filings, cancelling penalties through a disclosure application.

Accounting & Tax Services Tailored for Canadians Working in the US

Real, practitioner-level CPA expertise for daily commuters, nurses and physicians on American rosters, engineers and tradespeople on American projects, people on short-term assignment or secondment, Canadians working remotely for American employers, and transport crew who cross the border as part of the job.

  • We prepare your T1 reporting worldwide income as a Canadian resident under ITA subsection 2(1), because working in another country does not by itself end your residency here or your obligation to file.
  • We compute the foreign tax credit under ITA section 126 by country and by income type, tied to the American tax actually paid rather than to the amount withheld from your pay during the year.
  • We convert your American income and tax on a consistent and documented basis, which matters more than people expect when a full year of wages is translated at the wrong rate.
  • We claim the employment expenses, union and professional dues and moving expenses that genuinely apply, rather than leaving deductions on the table because the income arrived in another currency.
  • We set instalments where American withholding does not cover your Canadian liability, so you are not facing an unexpected balance and arrears interest when the filing deadline arrives in the spring.
  • We prepare the Canadian side and work alongside a preparer licensed in the United States on your American return, because two unconnected preparers is how people end up paying twice on one dollar.
  • We frame whether your American filing is a non-resident Form 1040-NR, a resident Form 1040 or a dual-status year, naming the substantial presence test without asserting any day count or conclusion.
  • We sequence the two returns so each can claim the relief it is entitled to, and hand your American preparer the Canadian figures in the form they need rather than a notice of assessment.
  • We note that a treaty-based position on an American return is disclosed on Form 8833, and we identify which treaty article is engaged without asserting what it produces for you.
  • We state no American threshold, rate, day count or filing deadline, and we tell you when a question has crossed into your American preparer’s territory instead of answering it anyway.
  • We set up a running record of days worked in each country in your first month with us, because the Article XV allocation of your employment income rests entirely on where the duties were performed.
  • We tell you exactly what evidence to keep alongside it — travel records, border crossings, timesheets, rosters, calendars and assignment letters — so the count is supported rather than asserted.
  • We review the record quarterly rather than at year-end, because a pattern that drifts across a threshold is something you want to know about while you can still do something about it.
  • We use the same record for the substantial presence question on the American side, so one piece of evidence serves both analyses instead of being assembled twice under two deadlines.
  • We state no day count, no threshold and no treaty outcome on this page, because those are specific to you and a figure taken off a website is exactly what fails under review.
  • We read your American pay stubs line by line, separating federal withholding, state withholding and FICA deductions, because each one is recovered or credited through a different route.
  • We identify over-withholding, which is recovered by filing the correct American return rather than by asking your employer to fix it, and we make sure the Canadian credit matches what was finally paid.
  • We reconcile what was deducted against what both systems actually require, since a mis-coded deduction running all year is both a cash cost and a problem for your credit computation.
  • We note that the Canada–United States totalization agreement and certificates of coverage exist as the mechanism coordinating FICA and CPP, and we assert no rate, wage base or outcome under either.
  • Where your employer operates a tax-equalisation or hypothetical-tax arrangement, we read the policy against your actual filings, because those arrangements frequently do not do what the employee assumes.
  • We plan around the credit rather than around the gross salary, because on these files the difference between a properly computed ITA section 126 claim and an estimated one is the whole result.
  • We flag that stock options and restricted stock units earned partly in each country raise a sourcing question in both systems, and we assert no sourcing formula or outcome for either.
  • We review relocation benefits, housing, per diems and allowances against both systems, since a payment that is unremarkable on one side of the border is not always unremarkable on the other.
  • We plan the timing of discretionary income and deductions across a year in which your work pattern is changing, which is when a cross-border position is most sensitive to small decisions.
  • We keep the top Ontario personal rate of 53.53% in view when modelling, so a decision that looks neutral on the American side is still tested against what it costs you here.
  • We review how your American retirement accounts are treated on the Canadian side, including a 401(k) and an IRA, and identify Article XVIII of the treaty as the provision dealing with pensions.
  • We identify ITA paragraph 60(j) as the Canadian provision under which a transfer from a foreign plan into an RRSP may be available, and we assert no eligibility, limit or outcome for your plan.
  • We flag that a Roth account raises its own question and that any election available in respect of it is technical, which is a conversation to have with your American preparer rather than assume.
  • We make sure contributions and withdrawals are reported correctly on the Canadian return, because a withdrawal handled badly can produce tax in both countries with credit available in neither.
  • We keep the plan documents and statements on file so the position is supportable years later, which matters because these accounts are usually dealt with long after the employment ended.
  • We file Form T1135 where your specified foreign property costs more than $100,000, which arrives quietly as an American chequing account, savings and a brokerage account accumulate over a few years.
  • We apply the cost-amount test rather than market value, which is what the form actually requires and the point most people get wrong the first time they try it themselves.
  • We build the list from actual statements rather than memory, and distinguish what is genuinely reportable from what is merely American, because over-reporting creates its own questions and under-reporting carries a penalty regime of its own.
  • We note that FinCEN Form 114 and Form 8938 are the American account and asset reporting forms, name them so you know to ask, and state no threshold or penalty for either.
  • We rebuild missed Form T1135 years and bring them forward on Form RC199, which when accepted under the general program cancels penalties in full on the Canadian side.
  • We assess your Canadian residency on residential ties as a question of fact against Income Tax Folio S5-F1-C1, because a work pattern in another country does not settle it either way.
  • We request a determination from CRA on Form NR73 where the position is genuinely unclear, which is worth doing when an assumption would otherwise sit underneath several years of filings.
  • We identify when a change in your pattern makes the treaty Article IV residence question live, and we frame it properly without asserting a tie-breaker outcome for you or for anyone else.
  • Where you do cease to be resident, we flag that ITA subsection 128.1(4) deems a disposition of most property on departure, with Form T1161, Form T1243 and the subsection 220(4.5) deferral on Form T1244.
  • Our page for green card holders in Canada works through the departure mechanics in detail, and we handle that filing ourselves where it actually applies to you rather than referring it out.
  • We reconstruct your unfiled Canadian years from American pay records, bank statements and Canadian slips, rebuilding the six years of records ITA section 230 requires from source documents.
  • Late filing costs 5% of the balance owing plus 1% per month up to twelve months, so we file the oldest unfiled T1 first to stop the penalty compounding and limit the arrears interest CRA charges.
  • We recompute the foreign tax credit for each prior year, because the most common finding on a catch-up is not unreported income at all but relief that was available and never claimed.
  • We file the Form T1135 years that were missed alongside the returns, since the foreign property filing carries its own penalty regime whether or not tax was owing in that year.
  • We bring the Canadian side forward on Form RC199 before CRA contacts you, confirming the disclosure is genuinely voluntary, which is the single condition that makes the application valid.
  • When CRA questions your foreign tax credit, we produce the American return as filed, the tax actually paid, the income it was paid on and the by-country computation behind the claim.
  • When CRA tests where your employment income was earned, we produce the day-count record and the travel, roster and timesheet evidence supporting it, which is why we build that file from day one.
  • When CRA challenges whether you remained resident here, we assemble the residential ties analysis and the supporting evidence, and frame the Article IV position without asserting the outcome either way.
  • When CRA reviews your Form T1135, we produce the statements and cost amounts behind each property listed, rather than reconstructing years of American account history under a deadline we cannot move.
  • We file the Notice of Objection within 90 days of a reassessment and pursue taxpayer relief on Form RC4288, cancelling penalties and interest where a prior preparer’s error caused them.
  • We rebuild years of mixed records — American pay statements, bank and brokerage statements, Canadian slips and receipts — so both returns finally rest on exactly the same numbers.
  • We reconstruct the foreign currency conversion across the backlog on a consistent basis, because inconsistent translation across several years is one of the hardest things to defend later.
  • We separate American employment income from investment income and from any self-employment, since each one is credited differently and merging them makes the ITA section 126 computation unusable from the first year.
  • We reconstruct the day-count history as far as the available evidence allows, and we are honest with you about where the record is thin rather than presenting a reconstruction as fact.
  • We produce working papers your American preparer can use directly, which is usually what turns a multi-year catch-up from an open-ended project into one with a finish line.
  • We bring you forward on unfiled T1 years, unreported American employment income and missed Form T1135 filings, which on these files are usually a few specific years rather than a whole history.
  • We file on Form RC199 with a full reconstruction from American pay records, bank statements and Canadian slips, so you are not left facing an arbitrary CRA assessment instead.
  • We confirm your disclosure is genuinely voluntary before CRA contacts you — the single condition that makes it valid — and secure roughly 50% interest relief on the older years.
  • We often find the disclosure produces a refund rather than a liability, because the credit for American tax paid was available in each of those years and nobody ever claimed it.
  • We coordinate the timing with whatever route your American preparer is taking, because the two disclosures interact and the order matters, and we assert no eligibility criterion, lookback period or outcome for any American procedure.

Cross-Border Employment Tax Check

Six quick questions on your day-count record, your foreign tax credit, your American return, your payroll deductions, your foreign property filing and your residency position. No fee shown.

1. Do you keep a record of days worked in each country as you go?

2. Is your foreign tax credit computed from the American tax actually paid?

3. Has anyone confirmed which American return you should be filing?

4. Have your payroll deductions been reconciled against both systems?

5. Have you filed Form T1135 for every year your foreign property passed $100,000?

6. Is your Canadian residency position documented rather than assumed?

Free CPA Consultation for Canadians Working in the US

Case Studies: Canadians Working in the US

Windsor Commuter — Six Years of Paying Twice

The problem: A nurse living in Windsor had worked at a Michigan hospital for six years, crossing the border most days. American federal and state tax came off every paycheque along with FICA. Her Canadian return was prepared each year by a general preparer who reported the gross American wages as income and claimed a single round-figure foreign tax credit that did not tie to anything. She had also never been asked about the state portion, or about CPP against FICA. She had been paying more tax than she owed for six consecutive years without any idea.

What we did: We obtained the American returns as filed, recomputed the ITA section 126 foreign tax credit by country and income type against the tax actually paid, adjusted the prior years that were still open, built a day-count record going forward, and referred the state position and the FICA question to a preparer licensed in the United States.

The result:

  • Foreign tax credit recomputed and tied to the American return
  • Prior open years adjusted and refunds recovered
  • Day-count record and a quarterly review now in place

Toronto Engineer — An Assignment That Changed Everything Mid-Year

The problem: An engineer based in Toronto was sent to an American project for most of a year, returning home at weekends. Nobody had looked at whether the time he spent there changed his American filing position from non-resident to resident, nobody had considered whether part of his salary was allocated differently under treaty Article XV, and his employer’s tax-equalisation policy was being applied on assumptions nobody had tested against his actual filings. He also held restricted stock units that had vested partly while he was in each country.

What we did: We reconstructed the day count from travel records and timesheets, framed the Article XV allocation and the substantial presence question for his American preparer rather than answering them ourselves, read the equalisation policy against his real position, and flagged the equity sourcing question to both sides before it was reported.

The result:

  • Day count documented from contemporaneous evidence
  • Equity sourcing question raised before filing rather than after
  • Equalisation policy reconciled to his actual filings

Ottawa Remote Worker — An American Salary and a Canadian Desk

The problem: A developer in Ottawa was hired directly by an American company and worked entirely from home in Canada. American tax was being withheld from her pay as though she were working in the United States, she had been told by a colleague that she needed to file an American return, and she had no idea whether any of it was right. She had also opened an American bank account for the salary and accumulated a balance in it without thinking about Canadian reporting.

What we did: We established that her duties were performed in Canada, documented it, worked with an American preparer on the withholding position and the recovery of amounts withheld in error, filed the Form T1135 years her American account had triggered, and flagged to her employer that whether the arrangement creates anything for them is their own question for counsel.

The result:

  • Place of work documented rather than assumed from the payer
  • Withholding position corrected and over-withheld tax pursued
  • Form T1135 years filed before CRA raised them

Our Simple Process

How We Work With Canadians Working in the US

Know Exact Fees within 2 Minutes NOW

Our clear, efficient process ensures every step is transparent, building trust and long-term client relationships.

Here’s a simplified process approach:
Step 1

Kickoff (Document Request)

Collect prior T1 and American returns, every pay stub and wage statement, your employment or assignment letter, travel and border records, American bank and retirement account statements, and any equalisation policy.

Step 2

First 30 Days (Records & Position)

Set up the day-count record and tell you what evidence to keep, confirm the Canadian residency position, reconcile the pay stubs against both systems, and identify every unfiled year or Form T1135.

Step 3

Quarterly Day-Count Review

Review the running record while the year can still be managed, watch for a pattern drifting toward a different filing position, and keep the supporting evidence attached as it accumulates.

Step 4

Coordination With Your US Preparer

Hand over the day count and the Canadian figures in the form they need, agree the sequence the returns are prepared in, and review the relief claimed on each against the other.

Step 5

Year-End Close & T1 Filing

T1 reporting worldwide income, foreign tax credit computed by country and income type against tax actually paid, Form T1135 where required, instalments set, and CRA correspondence handled.

Stop Paying Tax Twice on the Same Paycheque

Transparent Pricing for Cross-Border Employees

Affordable Pricing for Canadians Working in the US

Know Exact Fees within 2 Minutes NOW

We believe in clear, upfront pricing so you know exactly what to expect. All fees include HST.

  • Tax Preparation (Corporation) — From $400
  • Tax Return Filing (Corporation) — From $400
  • Tax Compliance Audit — FREE CRA audit support for our clients
  • Tax Strategy — FREE for our clients
  • Accounting Base Plan — From $100 per month
  • Bookkeeping Management — Free for our Accounting clients
  • Financial Reporting — Free for our Accounting clients
  • Business Formation — Flat $35
  • Incorporation Process — Flat $35
  • Entity Setup Assistance — Flat $35
  • Full-Service Payroll — From $125 per month

Payment is by Interac e-Transfer to info@gondaliyacpa.ca only. Security question: Not Applicable, as auto-deposit is enabled.

Meet Your Lead Cross-Border Accountant

Meet your lead cross-border accountant. As your personal and cross-border tax adviser, you deal with the same two people every year.

Sharad Gondaliya CPA

Sharad Gondaliya, CPA

Principal

Bio

647-212-9559
sharad@gondaliyacpa.ca

Vandana Goel CPA

Vandana Goel, CPA

Accounting Specialist

Bio

647-250-0242
vandana@gondaliyacpa.ca

What Our Clients Say

1300+ five-star reviews from cross-border commuters, assignees and remote workers across Ontario and Canada.

Serving Cross-Border Employees Across Ontario

Our CPA team provides specialized accounting and tax solutions for Canadians working in the United States from across Ontario. We understand why your exposure comes from where the duties were performed rather than from any status you hold, why the day count is the evidence the whole treaty analysis rests on, why the foreign tax credit has to tie to the American tax actually paid rather than to what was withheld, and why the most common outcome of a proper review on these files is a refund rather than a bill.

Toronto (ON)

55 Queen St E Ste 1205, Toronto, ON M5C 1R6, Canada

+1 (647) 212-9559

9:00 AM – 8:30 PM (Mon – Sun)

Mississauga (ON)

2100 Camilla Rd #716, Mississauga, ON L5A 2J8

+1 (647) 212-9559

9:00 AM – 8:30 PM (Mon – Sun)

Brampton (ON)

4 Starhill Crescent, Brampton, ON L6R 2P9, Canada

+1 (647) 212-9559

9:00 AM – 8:30 PM (Mon – Sun)

Scarborough (ON)

24 Clementine Square, Scarborough, ON M1G 2V7, Canada

+1 (647) 212-9559

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Vaughan (ON)

19 Cabinet Crescent, Woodbridge, ON L4L 6H9, Canada

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Oshawa (ON)

210 Durham St, Oshawa, ON L1J 5R3, Canada

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Ottawa (ON)

2090 Neepawa Ave a314, Ottawa, ON K2A 3L6, Canada

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Etobicoke (ON)

60 Stevenson Rd #1601, Etobicoke, ON M9V 2B4, Canada

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Hamilton (ON)

70 Starling Dr, Hamilton, ON L9A 0C5, Canada

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Guelph (ON)

1155 Gordon St, Guelph, ON N1L 1S8, Canada

+1 (647) 212-9559

9:00 AM – 8:30 PM (Mon – Sun)

Windsor (ON)

4387 Guppy Ct, Windsor, ON N9G 2N8, Canada

+1 (647) 212-9559

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North York (ON)

150 Graydon Hall Dr #912, North York, ON M3A 3B2, Canada

+1 (647) 212-9559

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Canadians Working in the US — Accounting & Tax FAQs

Do I pay tax in both countries if I work in the United States?
You file in both, usually. You should not pay twice on the same dollar, and the whole point of a properly prepared pair of returns is to make sure you do not. The United States can tax employment income earned there, which is why tax comes off your paycheque. Canada taxes your worldwide income as long as you are resident here, under ITA subsection 2(1), which includes those same American wages. Relief comes through the foreign tax credit in ITA section 126, computed by country and by income type against the American tax you actually ended up paying rather than the amount withheld during the year. Treaty Article XV allocates employment income between the two countries and can affect how much each may tax, driven by where the duties were performed. We state no day count, threshold or exemption outcome here because those are specific to your facts. The failure we see most is not double taxation by design — it is a credit claimed as a round figure that nobody could support.
Which American return do I file — Form 1040-NR or Form 1040?
It depends on whether you are treated as a resident of the United States for tax purposes, which turns on the substantial presence test, and a year in which your pattern changed can be a dual-status year with part of it on each basis. We name the test and the forms so you know what the question is. We do not tell you the answer, because it depends on a day count across more than one year and because that determination properly belongs to a preparer licensed in the United States who will sign the return. What we do is make sure the day-count evidence exists so the question can actually be answered rather than guessed, and we frame it clearly for whoever prepares that return. One practical point worth knowing: the answer is not always the one that produces the lowest American tax in isolation, because the interaction with your Canadian return and the foreign tax credit matters too, which is exactly why the two sides need to talk.
Why does the day count matter so much?
Because it is the fact everything else is built on, and almost nobody records it. Treaty Article XV allocates your employment income according to where the duties were performed. The substantial presence test on the American side counts days of presence. Both of those are questions about your calendar, and when a tax authority asks, you either have a contemporaneous record or you have an argument. A record kept as you go, supported by travel documents, border crossings, timesheets, rosters, calendars and assignment letters, is believed. A spreadsheet assembled two years later from memory and a bank statement is not worth the same thing, even when it happens to be accurate. This is why we set up the record in the first month and review it quarterly rather than asking you for it at year-end. It is unglamorous and it is the highest-value habit available to anyone in your position.
How do I claim credit for the American tax taken off my pay?
Through the foreign tax credit in ITA section 126, claimed on your Canadian return with the supporting computation behind it. Two details decide whether it actually works. First, the credit is based on the American tax you finally paid, not the amount withheld from your paycheque during the year — and those two figures are frequently different, often because too much was withheld. That means your American return has to be prepared before the Canadian credit can be computed properly, which is why the sequence matters. Second, the credit is computed by country and by income type rather than as one lump figure, so employment income, investment income and any self-employment are handled separately. A single round number claimed as a foreign tax credit is the most common error we inherit on these files, and it is almost always wrong in the client’s own favour — meaning they paid more Canadian tax than they needed to.
Do I pay into both FICA and CPP?
That is exactly the question the Canada–United States totalization agreement exists to address, and the answer is specific to your arrangement rather than general. FICA is the American social security and medicare withholding; CPP is the Canadian contribution. Without coordination, a cross-border worker can find both being taken from the same earnings. The agreement coordinates which system a person contributes to, and certificates of coverage exist within it as the documentation of that position. We name the agreement and the certificate so you know the mechanism is there and worth asking about, usually through your employer’s payroll function in the first instance. We state no rate, no wage base, no threshold and no outcome, because the determination depends on the facts of your employment and because getting that wrong in either direction has real consequences for your eventual benefits. What we will do is read your pay stubs and tell you what is actually being deducted, which is often the first time anyone has looked.
What about state tax? I had money withheld for a state too.
That is real, it is a separate system from American federal tax, and it is the part we are most emphatic about not answering. States have their own rules about residence, about sourcing income to work performed within their borders, and about who must file. A person can have their federal position in good order and still have a state return to file, or state tax over-withheld and sitting unrecovered. We will not tell you which state, what creates an obligation, what any rate or threshold is, or whether a return is required, because we are not licensed to answer it and a guess from a Canadian accountant is worth less than nothing when it is wrong. Raise it specifically with a preparer licensed in the United States, because a federal-only review will not surface it. What we do on our side is make sure every dollar of American tax you actually pay, state and federal, is identified and documented so it is available for the ITA section 126 credit rather than lost.
Am I still a Canadian resident if I work in the United States?
Probably, if your home and family remain here, but it is a question of fact rather than a matter of choice or paperwork. Canadian residency is determined on residential ties: a dwelling here, a spouse or common-law partner here, dependants here, with secondary ties also weighed, and CRA’s view set out in Income Tax Folio S5-F1-C1. A daily commuter who sleeps in Ontario every night is in a very different position from someone who moved their household south and kept a cottage. Where the position is genuinely unclear, we can request a determination from CRA on Form NR73, which is worth doing when an assumption would otherwise sit underneath several years of filings. We do not assert your status on a web page. If you do cease to be resident, that is a different and significant event — ITA subsection 128.1(4) deems a disposition of most of your property on departure, and our page for green card holders in Canada works through those mechanics.
I work remotely from Canada for an American company. What applies?
This is the fastest-growing version of this question and the one most often handled wrongly, usually by the payroll department rather than by anyone advising you. The starting point is that your duties are being performed in Canada, not in the United States, and where the work is physically done is the fact that matters most. Despite that, American tax is frequently withheld from such salaries simply because the payer is American and the payroll system defaults that way. Where that has happened, the recovery route is filing the correct American return, not asking the employer to reverse it, and we coordinate that with a preparer licensed there. Two further points. Your American bank account will quietly accumulate toward the Form T1135 cost threshold, which catches people out. And whether the arrangement creates an obligation for your employer in Canada is a real question but it is theirs, not yours — we flag it and send it to their counsel.
How is my 401(k) or IRA treated in Canada?
It is a genuine question rather than a formality, and the answer depends on the plan and on what you do with it. Article XVIII of the Canada–United States Tax Convention deals with pensions, and we identify it as the governing provision without asserting what it produces for your plan. On the Canadian side, ITA paragraph 60(j) is the provision under which a transfer from a foreign plan into an RRSP may be available, and the conditions attached to it are specific enough that we will not characterise your situation from a web page. A Roth account raises its own separate question, including whether an election is available in respect of it, which is a conversation for your American preparer. The practical advice is simpler than the law: do not withdraw from one of these accounts before someone has looked at both sides, because a withdrawal handled badly can produce tax in both countries with usable credit in neither, and that is not recoverable afterwards.
Are my stock options and RSUs taxed in both countries?
Equity that vests over a period during which you worked in both countries raises a sourcing question on both sides, and it is one of the few areas where the two systems most reliably produce a mess if nobody looks early. The question is what portion of the benefit relates to services performed in each country, and both tax systems have their own approach to answering it. We will not give you a sourcing formula, a percentage or an outcome, because the analysis depends on the grant terms, the vesting pattern and your actual work location over the whole period, and because the American side of it belongs to a preparer licensed there. What we will do is flag it before the income is reported rather than after, make sure the grant documents and your day-count record are both on file, and make sure that whatever is finally reported on each return is consistent with the other. Raised early this is manageable; discovered on an assessment it rarely is.
I have an American bank account now. Do I have to report it?
Possibly, and this one catches cross-border workers more than almost anything else, because the account exists only to receive a salary and never feels like a foreign investment. On the Canadian side, Form T1135 is required where your specified foreign property costs more than $100,000, and the test is on cost amount rather than market value. A few years of salary accumulating in an American account, plus a brokerage account opened alongside it, reaches that point more quietly than people expect. The filing carries its own penalty regime whether or not any tax was owing. On the American side, FinCEN Form 114 and Form 8938 are the account and asset reporting forms; we name them so you know to raise them, and we state no threshold or penalty for either. We build the list from actual statements, file for each year required, and where years were missed we bring them forward on Form RC199.
I have been doing this for years and never filed properly. How bad is it?
Often much better than people fear, and sometimes it ends in a refund. The reason is specific to this situation: the usual problem on these files is not unreported income, because the American wages were generally reported on the Canadian return. It is that the foreign tax credit was never properly computed, so the client paid Canadian tax on income that already bore American tax. Recomputing the credit for the years still open frequently produces money back rather than a liability. Where there is genuine exposure — unfiled years, or missed Form T1135 filings — we reconstruct from American pay records, bank statements and Canadian slips and bring the Canadian side forward on Form RC199, which when accepted under the general program cancels penalties in full and gives roughly 50% interest relief. Late filing otherwise costs 5% of the balance owing plus 1% per month up to twelve months, so the oldest year goes first.
What do you actually do, and what do you not do?
We are Ontario CPAs. We prepare and file your Canadian returns: the T1 reporting worldwide income, the ITA section 126 foreign tax credit computed by country and income type against the American tax actually paid, Form T1135 where required, instalments, employment expenses and the deductions that apply, departure filings if you genuinely emigrate, and CRA correspondence, objections and relief applications. We build and maintain your day-count record, we read your American pay stubs against both systems, and we coordinate with a preparer licensed in the United States so the two returns support each other instead of contradicting. We do not prepare American federal or state returns, we do not give American tax opinions, we state no American figure anywhere on this page, we give no immigration or work authorisation advice, and we do not answer state tax questions. We tell you plainly when a question is not ours, which saves you from the confident wrong answer.

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Cross-Border Employment Tax Done Right.

Built for the Canadian who holds no American status and is taxed there only because of where the work was done: treaty Article XV allocating employment income on the days you actually worked, the substantial presence test framed so your American preparer can decide between Form 1040-NR and Form 1040, the day-count record set up in month one and reviewed quarterly because the whole analysis rests on it, your pay stubs read line by line with federal and state withholding and FICA reconciled against both systems, the totalization agreement and certificates of coverage named as the mechanism, your T1 reporting worldwide income under ITA subsection 2(1) with the ITA section 126 foreign tax credit tied to the American tax actually paid rather than to what was withheld, and Form T1135 filed as that American account quietly grows. We advise on the Canadian side and coordinate with a US-licensed preparer. AFFORDABLE flat fees, no hourly billing. Licensed CPA Ontario. 1300+ five-star reviews. 30-Day Money-Back Guarantee.



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