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    adssaini's Avatar
    adssaini Posts: 9, Reputation: 1
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    #1

    Mar 29, 2010, 01:41 AM
    Non Employee Compensation on OPT- F1
    Hi,

    A employer after confirming me on OPT, issued me FORM 1099 indicating NON Employee Compensation. I have a W-2 and Taxable Interest also. I understand that I have to File Form 1040 NR instead of Form 1040NR-EZ, but where and how to show this Non Employee Compensation ? Or Do I have to ask the employer for W-2, or should I report this to IRS?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 29, 2010, 05:26 AM

    1099-misc (nonemployee compensation) income: You will report your income and business related expenses on schedule C or C-EZ (Form 1040). Then you put net income (or loss) on line 12 of Form 1040.
    Even though schedule C treats you as a self employed, which may not be correct for you, this is how you must report this income. Your U.S. Tax Return: Tax Filing by Self Employed Sole Proprietor or Independent Contractor
    adssaini's Avatar
    adssaini Posts: 9, Reputation: 1
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    #3

    Mar 29, 2010, 08:26 PM

    Thanks for your reply. I request the employer to issue W-2 but she is not interested. How can I report such issues to IRS, is there any email Id ? I search through IRS.GOV but couldn't found one.

    Can I fill Form 1040NR and Form 1040 with schedule C simultaneously ? Or , Can I mention Non Employee Compensation on Line 21 of Form 1040NR ?

    I don't want to be in trouble, and would like to write this to IRS. I moved to India in 2009.
    adssaini's Avatar
    adssaini Posts: 9, Reputation: 1
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    #4

    Mar 29, 2010, 08:37 PM

    Further, How much tax I have to pay on the income. She issued me a Form -1099 Misc with total income of &1723 after deduction of SSE $62, and Medicare $14.50.

    Additionally, I have W-2 from University of $ 416 and a taxable interest of $43

    Can I club all income and take standard deduction of $5,700 as per treaty ?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #5

    Mar 29, 2010, 08:57 PM

    Yes, you may report your 1099-misc income on line 21 as other income. You do not pay any SE tax on this income.
    If you report on schedule C, you can deduct any job related expenses (if you incurred it).
    adssaini's Avatar
    adssaini Posts: 9, Reputation: 1
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    #6

    Mar 29, 2010, 10:06 PM

    Hi Mukata,

    Thanks for your reply. I could not find any email id to contact the IRS regarding the issue.

    I recently got CPA license and don't want to be in trouble with such issues. Because I was International Student, there are many hassles surrounds us. This is good forum and surely a discussion portal for me. I liked it and in future will try to contribute to the site.
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