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    arashvin's Avatar
    arashvin Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jul 11, 2008, 01:30 PM
    F1 student received payment which is under 1099 before 9months of stay in US
    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's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    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

    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.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    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.
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