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    kdigu79's Avatar
    kdigu79 Posts: 11, Reputation: 1
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    #1

    Mar 28, 2009, 03:06 PM
    2008 Tax Return OPT W2 and 1099 Misc
    Hi,
    I am currently on F1 visa . I am working full time on my OPT. Last year I received both w2 and 1099 Misc. I am married and my wife is staying with me on F2 visa.

    Which forms should I file. Where should I enter the 1099 Misc income. Also can I get the Tax treaty rebate, and also file a joint return. Please help me. I went to H & R block, and they said I have to pay SE tax. I have read online that F1 students need not pay that.


    Help me out.


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

    Mar 28, 2009, 03:52 PM

    On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes but you must pay federal and state income taxes.
    You will get deduction based on tax treaty between the U.S. and your country.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

    1099-misc income is reported on schedule C or C-EZ (Form 1040). In your case the income is not subject to SE tax at 15.3%. Read: Your U.S. Tax Return: Tax Filing by Self Employed Sole Proprietor or Independent Contractor
    sandeepg's Avatar
    sandeepg Posts: 19, Reputation: 1
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    #3

    Mar 29, 2009, 09:22 AM

    On F-1 all interest income from US banks is exempt. But since interest income is generally reported on 1099-INT I am not sure if that applies to you. In case you only have interest income, and file

    Form 1040 NREZ :complete Question J on page 2

    Form 1040, Page 5 line 'L' : Answer "Yes" and Enter amount and "Exempt Interest. Interest paid on deposits with US banks"
    kdigu79's Avatar
    kdigu79 Posts: 11, Reputation: 1
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    #4

    Mar 29, 2009, 10:08 AM
    I am married and my Spouse is on F2 Visa. Is it possible for me to get Deductions as per tax treaty (3500) and Itemized deduction (10900).

    I filed my taxes from H n R block and they said I can only avail 3500 + 5400 and cannot avail the deduction for my spouse. Is that true.

    Is it possible to just go for 10900 only, as I end up getting more deduction.
    sandeepg's Avatar
    sandeepg Posts: 19, Reputation: 1
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    #5

    Mar 29, 2009, 10:54 AM
    Non residents file 1040NR or 1040NREZ and are not allowed to file jointly. So you cannot claim 2*5450 as std deduction.

    Quote Originally Posted by kdigu79 View Post
    I am married and my Spouse is on F2 Visa. Is it possible for me to get Deductions as per tax treaty (3500) and Itemized deduction (10900).

    I filed my taxes from H n R block and they said i can only avail 3500 + 5400 and cannot avail the deduction for my spouse. is that true.

    Is it possible to just go for 10900 only, as i end up getting more deduction.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    May 24, 2009, 08:32 AM
    Ki\digu79:

    Hopefully, you resolved your tax issue.

    If you are from India, you can claim your wife and child as dependents on your non-resident tax return by filing Form 1040NR and submitting Form W-7 to get them ITINs.

    If you have not done this and wish to, and you need professional help, contact me at [email protected].
    johnadam33's Avatar
    johnadam33 Posts: 1, Reputation: 1
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    #7

    Jun 3, 2009, 12:14 PM
    Unless u have GC, u are not supposed to have 1099's. See this
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #8

    Jun 4, 2009, 01:19 PM
    What JohnAdam33 says is true.

    However, it is beyond the control of the non-resident alien to decide how the employer pays him.

    That is a violation of the visa by the employer, NOT the employee, and the employee will NOT be penalized for it.
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