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    somi_zizu's Avatar
    somi_zizu Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Sep 4, 2008, 06:52 PM
    OPT tax forms
    Hello everybody..
    I need some help... I am an international student who graduated in April 08, and I am currently on OPT with F1 visa... I am still unemployed but I had an interview a few days ago... The recruiter asked me if I am able to work on 1099 or w2/w4 tax forms... I am not familiar with any of these, so if anyone can help me out with any answer I would very appreciate that...
    Thanks in advance
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Sep 4, 2008, 07:25 PM
    With W2, you are an employee and with 1099-misc you are independent contractor.
    In your case, it will not make any difference since your income is not subject to FICA (social security and Medicare) taxes.
    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

    Sep 5, 2008, 08:29 AM
    I agree with MukatA; for you, it makes NO DIFFERENCE whether you work under Forms W-2 or 1099.

    However, the law requires that employers hire you under a W-2.

    Whether the company obeys the law or not is NOT your concern. If working under a Form 1099 is the only way you can get the job, then accept the job and file the Form 1040NR with a Schedule C.
    somi_zizu's Avatar
    somi_zizu Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Sep 5, 2008, 08:29 PM
    Thanks a lot guys... I really appreciate your help!!
    Best regards
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Sep 8, 2008, 10:39 AM
    Glad to help!
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