Ask Experts Questions for FREE Help !
Ask
    muhammasif's Avatar
    muhammasif Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 26, 2005, 06:31 PM
    1099-MISC for H-1
    Hi,

    Can a person on H-1B working for only one employer receive 1099-MISC instead of W-2 from that employer?

    Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 27, 2005, 06:09 AM
    Muhammasif:

    The fact that you are on a H-1B visa is irrelevent to whether you get a W-2 or a Form 1099-MISC.

    What dictates 1099 vs W-2 is the nature of your job. If the work tends to require specializewd skills and virtually no supervision (such as an accountant or a programmer), it is a definite candidate for a Form 1099-MISC.

    In such circumstances, you are not an employee, but rather a subcontractor.

    It is a growing trend in the United States to designate former employees as subcontractors, thus relieving the employer of the requirement to pay benefits, employment taxes (Social Security and Medicare) and unemployment insurance.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

1099-misc on h1b? [ 4 Answers ]

I am working on an H1B, and received a 1099-MISC from a direct-sales company of which I am a registered distributor. The 1099 income is reported as "non-employee compensation". When I file this in Schedule C, can I claim for the expenses that I incurred? Are there any restrictions for H1B? ...

1099 Misc not sure? [ 1 Answers ]

I received a 1099 Misc. for money earned in assisting someone else in her clothing trunk shows in 2005. Not sure how to complete sch c for business name and if I can deduct mileage, meals, etc. that I paid for during these times. Also assist in clothes deliveries from these shows so have some...

F1, w-2 and 1099-Misc [ 4 Answers ]

Hello Everyone, I did go across lot of threads and it helped me. But I hope I can get answers to my queries. I was on F1- status throughout last year. However I was paid on 1099-misc and w-2 by two employers. My Questions 1) Do I need to attach 1099-misc or is the employer tax id enough? ...

F1, 1099-misc and w-2s [ 3 Answers ]

Hello, I am a new member. Its nice to see so many people here who can help. Here's my situation: My status in 2004: Student on F1 (I still am on F1 until my H1 is approved) Was attending school full-time until: August 19, 2004 Working on OPT since August 20, 2004. My nationality: Indian I...

View more questions Search