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F1 CPT - Independent contractor

Asked Mar 3, 2009, 02:32 PM — 2 Answers
Hi,

I am an international student under F-1 Visa status. I am interested in working for a company under part-time CPT. The employer however is not ready to give me a W-2. They want me to work as an independent contractor and fill a W9 form. (I am sure that I am not a US Person as described on the W9 form)

I had this employment approved by my university. My form I-20 also reflects that I am allowed to work for this employer.

However, I am not sure if (as an international student) I am allowed to work as an independent contractor. I do not want to get into trouble over this. Please let me know if it is legal for me to work with this employer.

Also, how do I report my taxes? Which form do I fill?

I really appreciate your help!

Thanks

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2 Answers
MukatA's Avatar
MukatA Posts: 7,106, Reputation: 963
Tax Expert
  
#2

Mar 4, 2009, 01:27 AM


Complete W9 and check exempt payee.
1099-misc should be OK since your I-20 has the name of the employer.
Read W2 vs 1099-misc : Your U.S. Tax Return: W2 vs 1099-Misc: Employee vs Independent Contractor.
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,887, Reputation: 3728
Senior Tax Expert
  
#3

Apr 28, 2009, 10:32 AM


You will need to filr a Schedule C with Form 1040NR.

It is a technical violation of your visa to work under Form 1099, but it is a violation on the partof your employer, not you, so you need not work.

Tax-wise, it makes no difference.
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