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    Akinyi21's Avatar
    Akinyi21 Posts: 1, Reputation: 1
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    #1

    Sep 28, 2007, 02:00 PM
    1099-misc, Schedule c-ez & ss-8
    My husband was on an f-1 and has been receiving 1099s instead of w-2s. My questions is his employment was clearly under the status of an employee and not as an independent contractor, does this make any difference in the forms I file.
    SGrimes's Avatar
    SGrimes Posts: 1, Reputation: 1
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    #2

    Sep 28, 2007, 02:42 PM
    Quote Originally Posted by Akinyi21
    my husband was on an f-1 and has been receiving 1099s instead of w-2s. my questions is his employment was clearly under the status of an employee and not as an independent contractor, does this make any difference in the forms i file.
    If he was receiving a 1099 than he was employed as an independent contractor and not an employee. You receive a W-2 for taxes taken out of your check, since your husband received a 1099 for income earned taxes were never taken out of his pay, therefore he will have to file as if he were self-employed
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #3

    Sep 29, 2007, 09:00 AM
    He will need to file Form 1040NR with a Schedule C. He will NOT be liable for self-employment.

    This may actually work to his favor, as he may be able to claim some expenses that are not really available to W-2 employees.
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