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Country guide · For Canadians

Selling to the United States from Canada: tax, legal and getting-paid guide for Canadian consultants and businesses

Cross-border and sales taxGet paid, FX and bankingContracts and disputesWork permits and visasGrants, loans and export finance

Last reviewed 2026-10-20

Many Canadians sell services to US clients from home. The rules are simpler than most people fear. A few traps are real, though. This guide uses primary sources (CRA, IRS, the treaty text, government program pages). Where a source is secondary or could not be opened, the guide says so.

1. The big picture

Where the work happens decides most of the answer

  • The US taxes nonresidents on US-source income. IRS Pub. 519 says nonresident aliens "are taxed only on their income from sources within the United States".
  • Pay for services performed outside the US is treated as income from sources outside the US. See 26 U.S.C. 862(a)(3) (secondary host of the statute; Cornell LII).
  • The Canada–US treaty adds a second layer of protection for businesses and the self-employed.
Situation Typical US federal income tax result Source
You work from Canada. Client is in the US. Foreign-source income. No US income tax in the usual case. 26 U.S.C. 862, Treaty Art. VII
You work in the US for a short visit. US-source pay may be reportable on Form 1042-S. Treaty relief may apply. IRS withholding page
You provide services in the US for 183 days or more in a 12-month period and one of the two Art. V(9) tests is met. A services permanent establishment (PE) may be deemed to exist. Profits attributable to it are taxable in the US. Treaty Art. V(9)
You have a US office, a dependent agent or a fixed place of business. A PE may exist. Treaty Art. V(1)-(5)

The treaty rules, as currently consolidated

  • Art. VII(1): business profits of a Canadian resident are taxable only in Canada. The US may tax them only if there is a PE, and only the part attributable to it. See the Finance Canada consolidated text.
  • Art. XIV (independent personal services) is marked "[Repealed]" in that consolidated text. The IRS treaty table treats Canadian independent personal services as business profits under Art. VII.
  • Art. V(1): a PE is "a fixed place of business" through which the business is carried on. See the treaty text on irs.gov.
  • Art. V(5): a dependent agent who habitually concludes contracts in your name can create a PE. Same source.
  • Art. V(9): a services PE arises in two cases. Both need services performed in the other country for 183 days or more in a 12-month period.
  • Case (a): one individual is present there that long, and over 50% of the enterprise's gross active business revenues come from that person's services there.
  • Case (b): services provided in the US for 183 days or more in any 12-month period for the same or a connected project, for customers who are US residents or have a US PE, and the services are provided in respect of that PE. Source: Finance Canada consolidated text.
  • Remote work done from Canada is not work "performed in" the US. That is a reading of the text, not a quoted rule. Ask your CPA.

When the answer changes

  • You travel to the US to work on site, especially for long or repeated stints.
  • You hire US employees or use US agents who sign contracts for you.
  • You hold inventory or an office in the US.
  • You are a corporation and the treaty's limitation-on-benefits (LOB) rules apply. The W-8BEN-E instructions ask you to certify LOB status on line 14b.

US state taxes

States are separate from the federal treaty. Two issues come up for remote sellers: income-type taxes and sales tax.

Issue What a primary source says Source
State "doing business" tests (California example) Doing business includes California sales above the lesser of $757,070 or 25% of total sales (tax year 2025), or California property or payroll above the lesser of $75,707 or 25% of the total. The FTB page does not address foreign entities specifically; ask a state-tax specialist. California FTB
Washington B&O tax Remote sellers must register when gross receipts sourced to Washington exceed $100,000 in the current or prior year. Service receipts count. Washington DOR
Washington amnesty for foreign sellers A temporary program ran 2026-02-01 to 2026-05-31 for unregistered businesses headquartered outside the US. It has ended. Washington DOR

Whether a state follows the federal treaty for its own income tax is not covered by the sources I opened. Ask a US state-tax specialist if you cross a state threshold.

Sales tax after Wayfair

  • In South Dakota v. Wayfair (2018), the Supreme Court overruled the physical-presence rule. See the opinion summary at Cornell LII.
  • South Dakota's law, which the Court described, applies to sellers delivering over $100,000 of goods or services, or 200 or more transactions, into the state in a year. Same source.
  • Each state sets its own threshold. Texas uses $500,000 of Texas revenue in the preceding 12 months for its remote-seller safe harbor. See Texas Comptroller (page modified 2026-05-18).
  • Texas says "entering, storing, manipulating, or retrieving a customer's data is taxable" under its data-processing rules, at a 6.25% state rate. See Texas Publication 94-127.
  • Many states tax software-as-a-service (SaaS) or digital goods differently. I did not open a state-by-state primary table. Do not assume your product is exempt or taxable.
  • Pure consulting is usually not a taxable "good". Rules for services vary by state. Confirm per state before you sell at scale.

2. Paperwork: W-8BEN, W-8BEN-E, 1099 and 1042-S

Which form

W-8BEN W-8BEN-E
Who Individuals (sole proprietors) Entities (corporations, partnerships)
Treaty claim Part II, line 9 (country of residence); line 10 only if needed Part III, line 14a (residence); 14b (LOB); line 15 for extra conditions
Entity type Not applicable Line 4: classification under US tax principles
Validity Through the last day of the third succeeding calendar year Same
Source W-8BEN instructions (rev. 10/2021) W-8BEN-E instructions (rev. 10/2021)
  • A form signed in 2026 stays valid to 2029-12-31, unless your circumstances change. The W-8BEN instructions state the rule.
  • Give the form before payment is made or credited. Same source.
  • On either form, notify the requester within 30 days of a change in circumstances. See the W-8BEN-E instructions.
  • Line 10 on the W-8BEN is for conditions not covered by line 9. The IRS lists "business profits or gains not attributable to a permanent establishment" among the cases. See the W-8BEN instructions.
  • The IRS page for the form was last reviewed 2026-10-02, with no recent developments. See About Form W-8BEN.

Do you need a US tax ID (ITIN or other TIN)?

  • You need either a foreign TIN (line 6a) or a US TIN (line 5) to claim treaty benefits. Giving a foreign TIN avoids needing an ITIN. On the W-8BEN-E the US TIN is an EIN, not an ITIN. See the W-8BEN instructions.
  • The W-8BEN-E has the same logic with line 9b. See the W-8BEN-E instructions.
  • Canadians usually enter a Canadian tax number as the foreign TIN. Whether your SIN or business number fits your case is not confirmed in the pages I opened. Ask your CPA.

Withholding rates and how the form helps

Item Rate or rule Source
Backup withholding Flat 24% when a payee does not give a TIN in the required way IRS Tax Topic 307 (reviewed 2026-09-24)
Backup withholding and 1099 reporting for foreign persons Foreign persons who give a valid Form W-8 are exempt IRS Pub. 515
Most US-source income to foreign persons 30% US tax IRS Pub. 515
Failure to provide a W-8 when requested Can lead to 30% withholding or backup withholding W-8BEN instructions
Treaty rates, Canada (examples) Interest 0% (15% for contingent interest); dividends 15% (5% for a company holding 10% or more of the voting stock; RIC and REIT limits apply); patent and copyright royalties 0%; know-how and other industrial royalties 10%; film and TV royalties 10% IRS Table 1

1099 versus 1042-S

  • US payers file Form 1099 for US persons. They file Form 1042-S for payments to foreign persons.
  • Every withholding agent files a 1042-S for amounts paid to foreign persons. They file it even when a treaty exempts the payment. See the 1042-S instructions.
  • If you do work in the US, the IRS says US-source nonemployee compensation is reportable on 1042-S. Withholding is "30% or lesser tax treaty rate". An individual claims the exemption on Form 8233. See the IRS withholding page.
  • I could not open the Form 1099-NEC instructions. Confirm the rule for services performed outside the US with the payer or your CPA.

What US clients may ask

  • A W-8BEN or W-8BEN-E, before the first payment.
  • Your legal name, address, and foreign tax ID.
  • Whether you are a US person (they may send a W-9 by default). Send the W-8 form instead.
  • Proof of treaty residence if you claim treaty benefits.

3. The Canadian side

Report USD income in Canadian dollars

  • For foreign income and foreign tax, the CRA says to use the Bank of Canada rate "in effect on the day that the amount arises". See CRA line 12100.
  • The CRA allows an average rate in some cases, such as the Bank of Canada annual average. Same source. That page covers investment income. I did not open a CRA page for business income in foreign currency. Ask your CPA which method to use.
  • The Bank of Canada publishes daily rates each business day by 16:30 ET.
  • For GST/HST, the CRA lets you convert on the payment date, the day you acquired the currency, or a monthly average. Pick one method and use it for a reasonable period, such as one year. See GST/HST Memorandum 3-6.

Sole proprietor or corporation

Sole proprietor Corporation (CCPC)
Tax Business income on your personal return Corporate tax; federal small-business rate 9% on up to $500,000 of active business income
Source CRA T2 guide
US forms W-8BEN W-8BEN-E
CanExport SMEs Not eligible (needs an incorporated entity, LLP or co-op) Eligible if other tests are met
  • The $500,000 business limit applies to a corporation not associated with another. The SBD is 19% of the lesser amount and results in a 9% rate. See the T2 guide.
  • Provincial rates are not covered here. The CRA page I opened was last modified 2025-05-30. See CRA corporate tax rates.

Personal services business (PSB) risk

  • A PSB exists where the individual doing the work would reasonably be an employee of the payer if the corporation did not exist. See CRA: What is a PSB.
  • PSB income gets no small business deduction and no general tax reduction. It carries an additional 5% tax. Same source.
  • Deductions are limited to items such as salary to the incorporated employee and some legal costs. See CRA: PSB obligations.
  • The exception for a corporation with more than five full-time employees appears on the T2 guide.
  • The test is about the relationship, not the label. One US client with full control over your hours is a red flag.

GST/HST on exports of services

  • The CRA treats zero-rated supplies as taxable at 0%. You can still claim input tax credits. See CRA type of supply.
  • The general rule (Schedule VI, Part V, s. 7) zero-rates a service to a non-resident. It excludes nine categories, including "an advisory, consulting or professional service" (para. (b)). See Excise Tax Act, Schedule VI.
  • Advisory, consulting and professional services are excluded from s. 7 but are zero-rated by s. 23, subject to limits for litigation, real property, tangible property and agency. See GST/HST Memorandum 4.5.3, paras. 87-90. See also Schedule VI, s. 23.
  • For services other than consulting (s. 7), zero-rating does not apply to services to an individual who is in Canada when they contact you, or rendered to an individual while in Canada. Advisory, consulting and professional services fall under s. 23 instead, which has its own exclusions (litigation for an individual in Canada, Canadian real property, Canadian tangible property, agency). See Schedule VI.
  • Real or tangible property in Canada is also excluded from s. 7. Same source.
  • You must verify and keep evidence of the client's non-resident status. See Memorandum 4.5.3, para. 102.
  • Evidence should be "dated and signed by the non-resident". The contracting party is the test. See Memorandum 4.5.1, paras. 17-18.
  • A non-resident with a Canadian permanent establishment is deemed resident for activities through that establishment. Same source, para. 11. A US client with a Toronto office may therefore owe you GST/HST on work for that office.

Small supplier and voluntary registration

  • Small supplier threshold: $30,000 of taxable supplies over four consecutive calendar quarters. Zero-rated supplies count toward it. See CRA: when to register.
  • Small suppliers may register voluntarily. Same source.
  • Why register even if you sell only zero-rated services: you can claim input tax credits on your costs (CRA type of supply).
  • If you also sell to Canadian clients, those sales are taxable and count toward the $30,000 test.

Quebec: GST and QST

  • Quebec-based sellers register for the GST and the QST with Revenu Québec. The threshold is $30,000 of taxable supplies in a quarter or the four preceding quarters. See Revenu Québec: registering.
  • A service supplied in Québec to a non-resident is "generally zero-rated". Exceptions are services to an individual in Canada who contacts you, and services to an individual during a stay in Canada. See Revenu Québec: services to non-residents.
  • Those taxable cases carry 5% GST and 9.975% QST. Same source.
  • Check with Revenu Québec whether your specific service is zero-rated; the page opened here may not list every professional service.

T1135 and foreign tax credit

  • File Form T1135 if you own specified foreign property costing more than $100,000 at any time in the year. Part A applies from $100,000 to under $250,000. See CRA T1135.
  • Due date for self-employed individuals: June 15. Same source.
  • Property used exclusively in an active business may be excluded. Funds in an account at a foreign institution can be specified foreign property; US dollars in an account at a Canadian branch generally are not. Ask your CPA.
  • Foreign tax credit: line 40500 and Form T2209. The credit is the lesser of foreign tax paid and Canadian tax on that income. See CRA line 40500.
  • If your US income is exempt by treaty and no US tax was paid, there is usually nothing to credit.

4. Contracts and risk

Most of this section is general practice. No primary source is cited for it unless shown. Have a lawyer review your standard contract once.

Key clauses

Clause What to ask for Note
Governing law and forum Your province, or a neutral choice US clients often propose their own state. Weigh the cost of defending a case there.
Arbitration Consider arbitration for cross-border disputes Canada and the US are both parties to the New York Convention, with limits. See UNCITRAL status.
IP assignment Transfer rights only on full payment Narrow the assignment to the deliverables. Keep your pre-existing tools.
Liability cap Cap at fees paid in the last 12 months Exclude indirect and consequential damages.
Indemnity Keep it mutual and limited Do not accept unlimited indemnity for the client's use of your work.
E&O insurance Ask your broker about errors-and-omissions cover US clients sometimes require proof of cover. No primary source reviewed.
Payment terms Net 15 or 30, in USD, with a late fee Check local law on interest. Not sourced here.

Non-competes and state traps

  • The FTC's nationwide non-compete rule is "not in effect and it is not enforceable". The FTC moved to dismiss its appeal on 2025-09-05. See FTC.
  • State law therefore still decides. Some states restrict non-competes heavily and others enforce them. I could not open the California statute text, so I do not state its rule here.
  • Read any non-compete, non-solicit or exclusivity clause with care, even if the client says it is standard.
  • Beware a clause that picks the client's state law and court for everything.

Contractor or employee, as seen from Canada

  • The IRS looks at behavioral control, financial control and the type of relationship. See IRS: independent contractor or employee.
  • The US Department of Labor describes misclassification as treating an employee as a contractor. Its 2024 rule took effect 2024-03-11. See DOL. The page I opened shows no later change. Check current status with counsel.
  • Why it matters to you: a client that treats you like staff creates risk on both sides. In Canada it feeds the PSB test above.
  • If you enter the US as a TN professional, an entity you solely or controllingly own cannot be your TN employer. See section 6.

Collections

  • Cross-border collection is slow and costly. Get a deposit, bill in stages and stop work on non-payment.
  • EDC sells credit insurance for exporters. See EDC.

5. Getting paid

Payment options (fees as published on the dates shown)

Method Published fee Source
Wise, USD wire or Swift receipt (Canada page) 6.11 USD fixed per payment Wise
Wise, local-style USD receipt Listed as "without fees" Wise
Stripe Canada, card 2.9% + CA$0.30; +0.8% international card; +2% if currency conversion is needed Stripe
Stripe Canada, pre-authorised debit 1% + CA$0.40, capped at CA$5.00 Stripe
PayPal Canada, receiving 2.90% + CA$0.30, plus 0.80% from US senders PayPal (updated 2026-10-13)
PayPal currency conversion Minimum spread of 4.00% for CAD and USD PayPal
  • Wise's conversion fee was not stated on the page I opened. Check it on the live site.
  • Bank wire fees and bank exchange margins vary. I did not source them. Ask your bank for both the fixed fee and the spread.
  • US ACH to a Canadian bank account: I did not find a primary source. A USD receiving account (for example via Wise) is a common workaround. Check eligibility.

Currency and hedging basics

  • Invoice in USD if the client prefers it. Record each invoice and payment with its date.
  • Under GST/HST rules you may convert on the payment date or use a monthly average. See Memorandum 3-6.
  • BDC warns that a favourable exchange rate "should not be the only factor" in an export decision. See BDC.
  • EDC lists a Foreign Exchange Facility Guarantee among its products for exporters. See EDC. Terms were not on the page.
  • Simple natural hedge: keep a USD account and pay US-dollar costs from it. This is general practice, not sourced.

Invoice treatment

  • If the supply is zero-rated, show GST/HST at 0% and keep your evidence of the client's non-resident status (Memorandum 4.5.3).
  • If it is not zero-rated, charge the right tax for your province.
  • State your registration number if you are registered.

6. Working in the US in person

TN (USMCA/CUSMA professional) versus B-1

TN professional B-1 business visitor
Who Canadian citizens in a listed profession Visitors on business
Work allowed Prearranged work for a US entity at a professional level Consulting with business associates, negotiating contracts, attending conferences
Not allowed Establishing a business or practice in the US. You are treated as self-employed if you serve an entity you solely or controllingly own (8 CFR 214.6(b)). The USMCA text itself (Annex 16-A, App. 2) is silent on self-employment; the limit comes from US regulations and the State Department manual Local employment, skilled or unskilled labour, US-source pay
Stay Up to 3 years initially Not verified here
Source 8 CFR 214.6, USCIS, 9 FAM 402.17 9 FAM 402.2

TN details

  • Canadians do not need a TN visa. They apply at a port of entry or through an employer's Form I-129. See USCIS.
  • The USCIS page describes the program as NAFTA and does not mention USMCA. The regulation and State Department manual use USMCA terms.
  • Initial admission is up to three years. See 8 CFR 214.6(e).
  • Management Consultant needs a baccalaureate degree, or equivalent experience (five years as a consultant or in a related specialty). Computer Systems Analyst needs a degree, or a post-secondary diploma plus three years' experience. See 8 CFR 214.6(c).
  • The State Department manual says duties must match the listed profession. A job title alone is not enough. See 9 FAM 402.17-4.
  • Agencies cannot hire a TN professional "with the hopes of finding" a placement. The applicant must fill a specific position. Same source.
  • A TN worker may have more than one US employer. Same source (402.17-5).
  • A freelancer who owns their own company and serves it is, in substance, self-employed. TN fits poorly. See 8 CFR 214.6(b).
  • I did not find TN fee amounts in the pages I opened.

B-1 short visits

  • Appropriate: consulting with business associates, negotiating contracts, conferences. See 9 FAM 402.2-5.
  • Not appropriate: employment in the US, labour for hire, or a salary from a US source. Same source.
  • After-sales service is allowed only when a sales contract requires it, you have unique knowledge, and you receive no US-source pay. Same source.
  • Delivering paid consulting on a client's site, for the client, sits in a grey zone. Ask an immigration lawyer before you cross.
  • Traveling for sales meetings and then doing the paid work from Canada is the safest pattern.

7. Finding clients and funding

Government and Crown programs

Program What it does Key figures Source
Trade Commissioner Service (TCS) Export advice, trade missions, market information, procurement leads Presence in 160+ cities; sign up for MyTCS TCS
CanExport SMEs Funds export activities (travel, trade events, consultants, IP filings) Request $10,000 to $50,000; up to 50% of eligible costs; $99,999 annual cap per company across CanExport programs Applicant's guide 2026-27
EDC Loans, guarantees, credit insurance Product list only on page opened EDC
BDC Can finance international purchase orders Per BDC article BDC
Canadian Commercial Corporation (CCC) Government-to-government contracting; free help to sell to the US Department of War DPSA covers contracts above USD $350,000 CCC, DPSA
Investissement Québec (Quebec) Export support: assess potential, set up an office abroad, build an international plan Per quebec.ca Quebec.ca

CanExport SMEs: check the fit

  • Eligibility: 3 to 500 full-time employees; annual revenue of $300,000 to $100 million; an incorporated entity, LLP or co-op with an active CRA business number. See the applicant's guide.
  • Many solo consultants will not qualify. A sole proprietor is not an incorporated entity.
  • Total project value: $20,000 to $100,000. The government share is capped at 75% of project costs across all sources. Same source.
  • Ineligible costs include salaries, online advertising, SEO, e-commerce platform fees and retroactive costs. Same source.
  • The US is an eligible market, but a US project may not include any other target market, and the 2026-27 guide puts more weight on non-US markets (s. 5.2, 5.4). See the CanExport SMEs page.
  • Intake status as of 2026-10-20: not accepting applications. The intake period ended 2026-08-31 at noon ET. US-project applications received by 2026-06-30 are under review. Future dates are to be posted. Same page.
  • That page shows two conflicting modified dates (2026-02-09 and 2026-10-14). Check the live page.
  • The guide does not say outright that services businesses are eligible. It repeatedly refers to "products and services". Confirm with the program.

CCC and US government sales

  • CCC is Canada's government-to-government contracting agency. For US Department of War contracts above USD $350,000 it acts as prime contractor. See CCC DPSA.
  • Canadian suppliers are not charged fees under the agreement. Some solicitations may still include Buy American provisions. Same source.
  • Small-business set-asides are excluded. Same source.

Beyond the US

Market Status Where to start
EU (CETA) In provisional application; in force for Canadian exporters Global Affairs: CETA, TCS FTA list
Indo-Pacific (CPTPP) Canada plus 10 economies, including Japan, Australia and Singapore Global Affairs: CPTPP
UK Canada–UK Trade Continuity Agreement in force 2021-04-01 Global Affairs: Canada-UK TCA
  • The TCS lists 15 agreements in force as of the page I opened. See TCS free trade agreements.
  • Those pages did not detail services chapters. Read the agreement text before you rely on it for a service.
  • Each market has its own VAT or GST and its own tax treaty with Canada. This guide does not cover them.

8. Checklist and questions

12-item checklist

  • 1) Decide where each project is performed. Keep dated records of every day worked in the US.
  • 2) Decide sole proprietor or corporation with a CPA. Check the PSB risk.
  • 3) Send a W-8BEN (individual) or W-8BEN-E (entity) to each US client. Diary the expiry date.
  • 4) Put your Canadian tax number on the form where required.
  • 5) Confirm no US withholding applies to your payments.
  • 6) Track your GST/HST threshold ($30,000 over four quarters) and decide on voluntary registration.
  • 7) Collect and keep proof that each client is a non-resident before you zero-rate.
  • 8) Set a method for converting USD to CAD. Use it consistently.
  • 9) If Quebec-based, register for GST and QST with Revenu Québec.
  • 10) Review T1135 each year if foreign property tops $100,000.
  • 11) Use a written contract with law and forum, IP, liability cap, and payment terms.
  • 12) Before any US trip for work, check TN versus B-1 rules.

What to ask a CPA

  • Is my work treated as foreign-source? Do I have any US PE risk?
  • Do I need to file anything in the US, or with any US state?
  • Should I incorporate? What is my PSB exposure?
  • How do I convert USD for my business income?
  • Do I need to file a T1135?
  • Which GST/HST or QST treatment applies to each client?
  • Should I register voluntarily to claim input tax credits?

What to ask a lawyer

  • Which governing law and forum should I accept?
  • Is the IP clause too broad? What is my liability cap?
  • Does any non-compete or non-solicit bind me?
  • Do I need arbitration language?
  • Am I at risk of being treated as an employee?
  • Can I do this work in the US under TN or B-1?
  • Should I buy E&O cover?

9. What this guide did not verify

  • CRA business-income FX rules. I cited investment-income and foreign-tax-credit pages and the GST/HST memorandum.
  • Pages that failed to open: the CRA zero-rated supplies page, the CRA GST/HST who-must-register page, the CRA PSB page, the Form 1099-NEC instructions, USCIS and State Department B-1 pages, the CBP TN page, EDC's export page, BDC's export-financing page, the Streamlined Sales Tax site, the Wayfair opinion on supremecourt.gov, the South Dakota remote seller page, Revenu Québec's tax-rate page, and the California Business and Professions Code text.
  • State SaaS taxability by state. Only Texas was checked.
  • State income tax conformity with the federal treaty.
  • Whether a Canadian SIN or business number works as a foreign TIN on the W-8 forms.
  • TN fee amounts, B-1 maximum stay, and Canadians' B-1 rules.
  • Bank wire fees, ACH access for Canadians, and Wise's conversion fee.
  • E&O insurance, contract terms and collections practice. These are general practice, not sourced.
  • The 1099 rule for services performed outside the US.
  • Provincial corporate tax rates.
  • The IRS-hosted treaty PDF (Canada) showed Art. XIV as still in the text I read. The Finance Canada consolidated text shows it repealed. I relied on the latter and on IRS Table 2.
  • CanExport figures and intake status come from pages with conflicting dates. Re-check before applying.

Sources opened

Research, not advice. Rules change and depend on your facts: confirm with a qualified Canadian professional before you act. Items we could not verify are labelled in the text.

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