F1 visa student - self employment- 1099 tax form

A lot depends on how much you make as an independent contractor AND what your deductible expenses would be. If the amount is relatively small, then it would probably not be a problem.

I recently prepared a return for another student just like you. My research indicated no violation for working as an independent contractor.

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This is not really a tax question but a question about your immigration status. An F1 visa does not allow you to take off campus employment anywhere or anytime you want. You can only take employment under specific circumstances, such as through OPT or CPT and there are hardship provisions too.

But generally, an F1 student cannot simply go out and find employment. This is illegal. I would encourage you not to do this because it is a violation of your status.

You should contact your university's international office to talk about this. Here's something from you of Houston's international office FAQs:


"Is it true that during the summer I can work anywhere and do not need to obtain special permission?
This is FALSE! If you are in legal full-time F-1 status, you may work anywhere on-campus during the summer (full-time or part-time) but off-campus employment ALWAYS requires special permission from DHS or ISSSO."

Good luck with your situation.

I appreciate your help.
Thanks

Appreciate it also Taxsearcher.
Thanks for advice.

TaxSearcher's word is GOLD!

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I guess the tax searcher can answer my question. But, anyways this question can be answered by anbody. So, here is my question.

I'm currently on F1 Visa and I got the opportunity to work using my CPT. As you know, if I work directly to any company as a CPT holder, I would get a very less pay per hour. Instead, can I work on 1099 as I get more paid for the same job I'm seeking for.


The company pays

$55 if worked using 1099

OR

$25 if worked on CPT

So, can I go for 1099..?

I desparately need your suggestion.

Thanks
Raj

Technically, you should NOT work on CPT as an independent contractor (under Form 1099). It is a technical violation of your F-1 visa.

As a practical matter, the IRS does not really care; all they are concerned about is whether you file a tax return and pay the taxes.

You will have to file a Form 1040NR with a Schedule C instead of the easier Form 1040NR-EZ.

You will have to file a quatertly estimated tax return and mail in a payment on 15 April, 15 June, 15 September and 15 January (for the following year) to cover your expected tax liability. This replaces the withholding that the employer is required to do if you get paid under a W-2.

Many companies do not give the student a choice; they just hire them as independent contractors, or refuse to hire them at all.

Since, as a student on a F-1 visa working in his field of study, you are NOT subject to either Social Security and Medicare taxes or (as a independent contractor), self-employment taxes, it makes NO DIFFERENCE tax-wise, at least initially.

BOTTOM LINE: If you can make OVER twice as much money on CPT by working as a contractor, go ahead and do it. Money talks!

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If there is no violation, you should prefer working as independent contractor at higher pay. Normally an independent contractor pays double the social security and medicare taxes than a W2 employee. But in your case, you are exempt from these taxes for five years.

Agreed!

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