PDA

View Full Version : F1 student received payment which is under 1099 before 9months of stay in US


arashvin
Jul 11, 2008, 01:30 PM
Hi,

Please help..!

I am F1 graduate student came to US in Aug2007. I am a citizen of India. In Jan2008 I worked for around 20 hours on campus. But it was not really "on-campus" job. Actually there is an institute who works inside my university and I got check for that work with institutes name on it. Now I believe I will receive 1099 tax form for my that 20 hour work.
FYI: I did not violate 20/week work limit during that period.

My question is - I am not allowed to work off-campus until I complete my 9 months in US and is this work going to be off-campus work ? And also is working through 1099 allowed for my case ? Should I pay tax for that work next year ?
If it is illegal, how much its going to affect my H1-b or green card processing ?

From Feb2008 I am working for same institute but its on campus as I am now officially hired through university procedures.
Thank you for your help in advance.

MukatA
Jul 11, 2008, 09:00 PM
As far as taxes are concerned, the IRS does not care.
On F1 and OPT for 5-years, you are nonresident. You will file nonresident tax return if income exceeds the filing requirement or to get refund of federal taxes withheld. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)

Your 1099-misc income is not self employment tax. How you will treat the 1099-Misc income, read: Your U.S. Tax Return: W2 vs 1099-Misc: Employee vs Independent Contractor. (http://taxipay.blogspot.com/2008/03/w2-or-1099-employee-or-independent.html)

AtlantaTaxExpert
Jul 14, 2008, 08:24 AM
If ALL you worked is a total of 20 hours, then you will NO REQUIREMENT to file a tax return, because your income MUST exceed $3,400.

Since I doubt that you were paid at $170 per hour, you probably have nothing to worry about.