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    harry99's Avatar
    harry99 Posts: 8, Reputation: 1
    New Member
     
    #1

    Jan 11, 2008, 10:48 AM
    F1 on OPT getting 1099
    I am on OPT for last three months and will get 1099 as an independent contractor. But since I have F1, I don't pay FICA taxes. So I think for F1 person 1099 and W2 are same?

    Do I still file schedule C even if I don't have job related expenses? My friend says that I will file schedule SE also?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 11, 2008, 12:32 PM
    VTE:

    I disagree.

    Even though it is technically not correct, a large number of F-1 students on OPT get paid under the Form 1099 as independent contractors.

    They do NOT, however, lose their Medicare or Social Security tax exemption because the employer screwed up.

    They need to file a Schedule C with Form 1040NR, but NO Schedule SE is required, nor is there anywhere on the Form 1040NR to list the self-employment tax.
    Visa Taxes Expert's Avatar
    Visa Taxes Expert Posts: 40, Reputation: 1
    Junior Member
     
    #3

    Jan 11, 2008, 02:59 PM
    Hello

    They have to file Schedule C, not SE and 1040, not 1040NR.

    I hope this clarifies!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Jan 11, 2008, 09:09 PM
    VTE:

    That is NOT true. The fact that they are being paid under Form 1099 does NOT change their visa status or the exempt status that the F-1 confers on them.

    They should file Form 1040NR with a Schedule C.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Jan 11, 2008, 09:44 PM
    Advertising, complaint by Alt Tax

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