My husband was on an f-1 and has been receiving 1099s instead of w-2s. My questions is his employment was clearly under the status of an employee and not as an independent contractor, does this make any difference in the forms I file.

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Originally Posted by Akinyi21

my husband was on an f-1 and has been receiving 1099s instead of w-2s. my questions is his employment was clearly under the status of an employee and not as an independent contractor, does this make any difference in the forms i file.

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If he was receiving a 1099 than he was employed as an independent contractor and not an employee. You receive a W-2 for taxes taken out of your check, since your husband received a 1099 for income earned taxes were never taken out of his pay, therefore he will have to file as if he were self-employed

He will need to file Form 1040NR with a Schedule C. He will NOT be liable for self-employment.

This may actually work to his favor, as he may be able to claim some expenses that are not really available to W-2 employees.