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

    Jan 30, 2008, 02:53 AM
    Resident Alien, F1 student, tax forms W2 and 1099 misc
    Hi guys,

    I am a resident alien (in US since 2001 on F1 visa) and currently on F1 status. In Dec. 2007 I worked for a small period and received a 1099 misc. ($500) and other than that I was full time student and got my W2 for the year. I am from India and my W2 is for the GRA work.

    My question is if it is legal for a F1 resident alien to file both w2 and 1099-misc?

    I read a lot of previous posts but all of them concerned nonresident aliens, so I am not sure if that would change anything in my case.

    Thanks for the help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Jan 30, 2008, 03:19 PM
    Technically, it is a violation of your visa, but for $500, it is not a major violation, so Iw ould not work about it.

    BTW, starting in 2006, you are considered to be a RESIDENT alien. Your non-resident alien status expired on 31 December 2005 due to the five-year rule.

    If you filed as a non-resident alien for 2006, you need to fix that.

    For 2007, you will file Form 1040 and Schedules C and SE to report the 1099 income.
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