Who We Help · Architects · Cross-Border Tax
Architects with US projects: treaty cover, state lines, and the licence behind the fee
An Ontario architecture firm can design US buildings from Toronto without owing US federal income tax — Article VII of the treaty protects business profits until a permanent establishment exists. The live exposure sits elsewhere: state taxes that ignore the treaty, contract-administration site days that quietly accumulate, and the state licence that has to stand behind every sealed drawing.
By the AnalytIQ Accounting team · Last reviewed: August 12, 2026
The fee: W-8BEN-E up front, Article VII underneath
Fees for design work performed at your Ontario office are not US-source income, and under Article VII of the Canada–US treaty the US cannot tax your firm's business profits without a US permanent establishment. US procurement teams still default to demanding a W-9 and threatening 30 percent withholding; the answer is a completed W-8BEN-E for the corporation, kept current — it lapses at the end of the third calendar year after signature. Bill in USD, book at the rate when earned, and treat the collection difference as FX, not a fee adjustment.
For firms with recurring US work we add a protective Form 1120-F with a Form 8833 treaty disclosure each year. Filed on time, it preserves the right to deductions if the IRS ever argues a US trade or business existed, and it avoids the $10,000 corporate penalty for an undisclosed treaty position. It is a thin return, and cheap insurance against a gross-basis assessment.
The licence and the firm both have to exist in the state
Before tax, there is practice law: sealing drawings for a US project requires an architect licensed in that state, and many state boards register the firm as well as the individual — NCARB certification is the usual bridge for OAA-licensed architects. Qualifying to practise usually also means qualifying the corporation with the state's business registry, and a registered firm is an easy match for the state's tax department. So the tax registrations should follow in the same breath: income or franchise tax where required, and payroll withholding for anyone working in-state.
The point that surprises firms: states are not bound by the treaty. A firm with zero US federal tax can still owe state income or franchise tax once its people work in-state regularly. State thresholds are lower, and they do not wait for 183 days.
Contract administration is a day count
Design happens in Toronto; the CA phase happens on site. The treaty's services PE rule makes profits taxable once your firm provides services in the US for 183 days or more in any twelve-month period on the same or connected projects — and the days of every partner, associate, and technologist on that project count together. A monthly site review will not get there; a resident site architect through construction will. We keep a per-project US day register and flag the trajectory quarters ahead, because restructuring the CA arrangement works before the count runs out, not after.
Architect is a TN (USMCA) profession — a degree or a provincial licence supports working entry — so moving people legally is rarely the obstacle. The obstacle is what their days do to the firm's position, and to their own: an employee spending a season in one state can trigger state payroll withholding even while the firm stays federally protected.
| Engagement pattern | Federal (treaty) position | State reality |
|---|---|---|
| Drawings issued from Toronto, no site presence | Protected — no PE | Licensure only; little tax exposure without people in-state |
| Monthly CA site reviews | Protected while the combined day count stays low | Expectations vary; track days per state |
| Resident site architect through construction | Services-PE risk as 183 days approach | Payroll withholding and income or franchise nexus likely |
| US sub-consultant working on your Canadian project | Runs the other way — Canadian rules apply | You withhold 15% under Regulation 105 and issue a T4A-NR |
The mirror image: US consultants on your Canadian jobs
Cross-border runs both directions. When you bring a US engineer, lighting designer, or specialist consultant onto a Canadian project and any of their work happens in Canada, Regulation 105 requires you to withhold 15 percent from the fee and report it on a T4A-NR — and the liability is yours if you miss it, not theirs. Work performed entirely from their US office needs no withholding. Consultants can apply for a treaty-based waiver when Canada would ultimately tax nothing, but the waiver must be in hand before you pay, so it belongs in the sub-consultant agreement, not the year-end file.
The rest of the Canadian file behaves normally: fees for designing US real property are generally free of HST, while Canadian projects billed to US developers are not — HST follows the property, not the payer. Our architect tax services page covers the T2, the OAA certificate of practice, and the domestic side in full.
Common questions.
Our US client will not release payment without a W-9. What do we send?
A W-8BEN-E for the corporation — the W-9 is only for US taxpayers. It certifies Canadian status and claims the treaty protection that stops an automated 30 percent withholding.
Do monthly site visits make the firm taxable in the US?
Federally, not until services on the same or connected projects reach 183 days in any twelve-month window — counting everyone on the project, not just the partner. States can expect registration and payroll withholding much sooner.
We are hiring a New York engineer for a Toronto project. Anything to withhold?
If any of the work is performed in Canada, yes — 15 percent under Regulation 105, reported on a T4A-NR, and the exposure is yours if you skip it. A waiver obtained before payment can reduce it to zero.
Related reading
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