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ARTICLE · 23 JUNE 2014

Tax Considerations For Cross-Border Work

When Canadian employees of Canadian mining companies work abroad, a number of tax issues arise for both employer and employee.

CanadaEnergy and Natural Resources

When Canadian employees of Canadian mining companies work abroad, a number of tax issues arise for both employer and employee. With advance planning, and a combination of tax, employment law and immigration advice, the risks can be managed. So what are the top tax issues that should be considered by Canadian mining companies sending Canadian employees on temporary cross-border work assignments?

1. Residence: Canadian employees considering a foreign assignment must understand the personal tax implications. The key issue will be determining whether the employee will remain a Canadian tax-resident or will become a tax-resident of the country in which the employee will temporarily work (the host country). Both domestic tax laws and any income tax treaty between the two countries must be considered. Generally, the country in which the employee is considered a tax-resident will have the right to tax the employee on the employee's worldwide income, while the other country

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