Log in

View Full Version : Non-resident Alien received 1099-MISC. Never filed tax return before.


pilotier
Jan 11, 2011, 09:19 PM
I am a university student with an F-1 visa. Last summer, I spent 5 months on an off-campus internship and received a $150/month stipend during my stint. Last week, I received a 1099-MISC Copy B from the employer. I have been in the States since August 2009 and have not filed a tax return before. Am I required to file one now and how should I do it? I did not receive a 1099-MISC Copy 2 (which is the one that's supposed to be filed with my tax return).

Any help is much appreciated!

AtlantaTaxExpert
Jan 12, 2011, 08:09 AM
BOTTOM LINE UP FRONT: You will owe NO taxes, because your income is MUCH less than your $3,650 personal exemption.

If the $750 total income was W-2 income, you would have NO legal requirement to file. However, the reporting requirement for Form 1099 is $600, so you need to file Form 1040NR with a Schedule C.

Further, you must file Form 8843 annually even if you have no requirement to file a tax return.

pilotier
Jan 12, 2011, 03:27 PM
Thank you for the insight! So I was supposed to file Form 8843 last April? I did not know that at the time and did not file it, will there be any problems with the IRS or immigration?

pilotier
Jan 12, 2011, 03:36 PM
Also, I can file Schedule C-EZ instead of C right?

AtlantaTaxExpert
Jan 12, 2011, 03:49 PM
In 99% of the cases, NOT filing Form 8843 will have NO adverse consequences. However, if you failed to file it last April, get the Form for 2009 from www.irs.gov, complete it, SIGN it and mail it now.

Yes, you can file Schedule C-EZ if that works for you.

pilotier
Jan 12, 2011, 04:04 PM
You sir have been a great help. Many thanks! :)

AtlantaTaxExpert
Jan 12, 2011, 04:11 PM
Glad to help!

pilotier
Jan 12, 2011, 04:46 PM
Sorry to keep pestering you with questions, I forgot to mention that I also hold a job on-campus, and in all my paychecks I am charged 2 taxes, Fed Withholding and State Withholding. How do I factor that in? Should I file a return to the state too?

pilotier
Jan 12, 2011, 04:52 PM
In addition, I dabble in the U.S. stock market from time to time. Do I have to file that too?