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

    Feb 17, 2008, 10:28 AM
    F1 student with OPT and married in 2007
    I am in the US on an F-1 Visa since June 2002 and received my OPT in July 2007. I was married in July 2007 and am in the middle of changing my status to a resident alien.
    I received a 1099-misc for 2007 and am unsure of whether to file as resident or non-resident. I realize I am exempt from FICA taxes because of F-1, however I think I may meet the substanial presence test for having to file as a resident.

    If I file a 1040-NR, where do I put the 1099 income? On line 21 or schedule C or schedule SE? Please advise. Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 3, 2008, 11:43 AM
    Gabby:

    Actually, you became a resident alien starting on 1 January 2007, because your F-1 exemption expired at the end oof your fifth year in country (31 December 2006).

    Hence, you ARE liable for self-employment taxes and therefore you must file Schedules C and SE for the Form 1099-MISC that you received.

    You will file these schedules with Form 1040.
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