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-   -   Filing 1099Misc on OPT/F1 Status (https://www.askmehelpdesk.com/showthread.php?t=23769)

  • Mar 31, 2006, 09:00 PM
    nidalav
    Filing 1099Misc on OPT/F1 Status
    Dear Atlanta Tax Expert,
    I was given an 1099Misc form along with W2 from my employer. Around $9500 were reported on 1099Misc. In 2005, I was on F1/OPT status. I am filing single and a citizen of India.

    Do I have to file any forms other than 1040NR, 1040NR-EZ, 8843 and IL1040?

    Do I have to file both 1040NR and 1040NR-EZ?

    Under the column that indicates wages, salaries, tips etc, should I indicate the income earned from W2 or both W2 and 1099Misc?

    Thank you,
    Nidalav
  • Mar 31, 2006, 10:09 PM
    nidalav
    Hi,
    I also wanted to include more info relating to my question. The income on 1099-Misc form was listed under block 3 (other income). Which forms should I file?
    Thanks in advance,
    nidalav
  • Apr 1, 2006, 02:51 PM
    AtlantaTaxExpert
    You need to file Form 1040NR with Schedule C for the Form 1099-MISC income.

    The Schedule C will allow you to claim some deductions associated with earning that income.
  • Apr 6, 2006, 03:35 PM
    nidalav
    Dear Atlanta Tax Expert,
    Thank you very much for your response. I have another related question.

    Do I have to file form 8843?

    Thanks,
    nidalav
  • Apr 7, 2006, 03:28 AM
    AtlantaTaxExpert
    Yes, you do. If you switched to H-1B at any time in 2005, this will be the last Form 8843 you need to submit.
  • Apr 9, 2006, 09:59 AM
    nidalav
    I went to a CPA and he suggested that I should file 1040NR w/ shedule c, 8833(NOT 8843). He is also suggesting to use Form 2106. Could you please elaborate on how all these forms are going to work together? I was on F1 status through out 2005. Thank you once again for all your quick responses so far. It has been very helpful.
  • Apr 10, 2006, 09:30 AM
    AtlantaTaxExpert
    In my opinion, Form 8833 is a valid substitute for Form 8843.

    Form 2106 is used to claim employee expenses incurred while on a W-2 job. It is completely separate from the Schedule C.
  • Apr 12, 2006, 11:57 AM
    nidalav
    Thank you very much for your response.
  • Apr 13, 2006, 09:38 AM
    AtlantaTaxExpert
    Glad to help!

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