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    ssharm05's Avatar
    ssharm05 Posts: 2, Reputation: 1
    New Member
     
    #1

    Nov 24, 2009, 08:50 AM
    Worked on 1099 while on OPT
    I have been on OPT since 1st Jan 2009.

    I started working for a company in California on 1099 from May 2009 to July 2009 during which I made somewhere around $5000. And from July 2009 to Oct 2009 I worked on 1099 for some other company during which I made somewhere around $15000. I have not paid any tax yet.

    Now, few days back the company that I worked for in California sent me a W-9 form to fill. I don't know if I need to fill in this form.

    I have been looking all over the internet for sometime now and what I have discovered is that I need to fill form 1040NR and Schedule C. So do I need to tell my California employer to send me that form?

    Kindly help. I am very confused.

    Thanks in advance.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Nov 26, 2009, 10:54 PM

    Yes, you have to fill it. You would also check 'exempt payee' unless you know that you are already in trouble with the IRS with under paid taxes.
    ssharm05's Avatar
    ssharm05 Posts: 2, Reputation: 1
    New Member
     
    #3

    Nov 30, 2009, 01:36 PM
    Thanks for replying. :)

    I did not understand the under paid taxes part. I still have not filed my taxes as yet. I will be paying taxes on the money that I earned while working on 1099 during my OPT.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Nov 30, 2009, 03:45 PM
    Eprsons who work under Form W-2 as a true employee have money withheld from their salary to cover state and federal income taxes and, if applicable, FICA (Social Security and Medicare) taxes.

    As a student on OPT, you are NOT liable for FICA (Social Security and Medicare) taxes.

    However, you are liable for the state and federal income taxes, but under Form 109, these taxes were NOT withheld from the payments you received as an "independent contractor".

    When you file Form 1040NR with the Schedule C, plus the state tax return, you WILL be required to write a check to cover your tax liability. Expect the federal tax liability to be in the $2,000 range.

    I cannot estimate what your state liability will be as you were NOT clear where you worked and lived during your OPT.

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