William J. Costello II, P.C.

1980 Whitehaven Road

Second Floor

Grand Island, NY 14072

716-773-3600

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Business Immigration / Work Visas: When operating a cross-border business, you may need to send service providers and/or employees into the other country to perform services.  There is a measurable difference between entering Canada or the United States as a ‘business visitor’ versus entering as a ‘worker/service provider’.  It is important to know where that line is to answer properly the questions that may come from officers working with either the United States Citizenship and Immigration Services or Citizenship and Immigration Canada.  The requirements for various types of work visas in both countries differ.  Further, if you want to immigrate to the United States on a more permanent basis or take advantage of U.S. based investor Greencard programs (such as the EB-5 Program), you must have your paperwork and checklist of items in order.  Our team of lawyers in Canada and the United States have experience dealing with business immigration matters and can assist your business with the right paperwork for your immigration needs.

Cross Border Services

Incorporations / Shareholder Agreements: Determining where you operate your business, the relationships between business owners, and in what vehicle you operate your business from are of primary importance.  There are differences between Canadian and U.S. corporations, partnerships, joint ventures, sole proprietors, limited liability companies and unlimited liability companies.  It is important that you understand the key differences in these vehicles so that you can make an informed decision as to how you should set up your business, how to set up the business ownership, and how to move the business forward to the next level.

U.S. / Canada Tax Treaty Positions: Moving money cross borders can seem easy.  However, if this is not done correctly, you may be in conflict with U.S. and/or Canadian tax law.  It is important that you discuss your cross-border business activity with a professional who understands the tax treaty between Canada and the United States.  The U.S. / Canada tax treaty, and some positions thereunder, are in place to avoid excess or double taxation as between the two countries.  These positions need to be assessed prior to moving funds cross-borders.  Our team of lawyers has experience in dealing with cross-border businesses moving funds within the Canada / U.S. corridor.

Cross Border Inter-Company Agreements: Contracting with and having agreements in place between your Canadian and U.S. businesses can support your cross-border business relationship and your cross-border transactions.  For example, a management fee agreement will assist in supporting the payment of a management fee from your U.S. business to your Canadian business.  Other agreements could include a cross-border secondment agreement and master services agreement.  Understanding your cross-border business relationships, and documenting such relationships are important planning steps that should not be overlooked.

Cross-Border Asset Protection: We know that you work hard to build your wealth.  We know that making investments that grow is wealth you want for yourself, your family and for generations to come.  To have unwanted intrusions on your wealth is costly, time consuming, stressful and annoying.  We have the right lawyers in Canada and the United States to structure your assets in ways that protect them from unwanted intrusions and unnecessary exposures.