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    luc975's Avatar
    luc975 Posts: 1, Reputation: 1
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    #1

    Jun 26, 2007, 10:20 AM
    Can H4 holder file 1099 ?
    Hi I'd really appreciate it if somebody can help us out here. My wife is an H4 visa holder, and this last spring she helped her friend who owned a tile company with some administration work and now she got a 1099 form. Can she file it ? If not then what is the best way to file it ? Or can her friend's company put the 1099 under my name (I'm an H-1B visa holder) ?
    Rina _4's Avatar
    Rina _4 Posts: 182, Reputation: 19
    Junior Member
    		  
    #2

    Jun 26, 2007, 05:06 PM
    If your wife received a 1099, that means she has a social security number. Yes she can file it. And NO the 1099 can not be transferred under your name.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jun 27, 2007, 11:31 AM
    Agree with Rina about NOT being able to transfer it to your name.

    She will have to file a Schedule C with either Form 1040 (if you file jointly) or 1040NR (if she files separately from her).

    You may want to contact an immigration attorney or post the question on the LAW portion of this forum about the ramifications of her earning money under the Form 1099, because, In my opinion, she has violated the provisions of her visa.
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