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Needhelpquick · Feb 24, 2006, 06:38 AM

Please advise can an F-1 Student receive a 1099 Misc Form and file taxes?

AtlantaTaxExpert · Feb 24, 2006, 10:32 AM

Yes. You must prepare Form 1040NR, which allows you to attach a Schedule C to account for the income reported on Form 1099-MISC and, most importantly, allows you to claim deductions to help offset that income.

How much income is reported on the Form 1099-MISC, and what is your nationality?

Needhelpquick · Feb 24, 2006, 11:45 AM

My nationality is Indian.

I have a total for $3,355 on my 1099Misc.

AtlantaTaxExpert · Feb 24, 2006, 04:36 PM

You must file Form 1040NR with Schedule C. However, the combination of your personal exemption ($3,200) and the standard deduction allowed under Article 21(2) of the U.S.-Indian Tax Treaty will complerely offset any taxes you may owe. Assuming you had no money withheld, you will file the return and owe no taxes and receive no refund.

Be sure to file the return, even though you owe nothing. The IRS gets a copy of that Form 1099-MISC and is expecting a tax return to account for it.

Needhelpquick · Feb 26, 2006, 10:40 AM

Please advise if I can file electronically? If so, what is the best service to use?

Regards,

John

AtlantaTaxExpert · Feb 26, 2006, 09:08 PM

John:

Yes, you can file electronically if you can find software that prepares Form 1040NR or 1040NR-EZ and offers electronic filing.

Efiling is normally not free. The only real reason to do it is to expedite your refund from about six weeks to as little as ten days. However, based on what you told me, you will owe zero taxes and will get no refund. If that is the case, why file electronically?

Gkilkis · Feb 27, 2007, 02:35 AM

Hi,
I'm from Turkey and I've received one 1099-MISC and also 2 W-2s from 2 different payroll companies (I was working freelance when I was on OPT). Also some employers I've worked for on a freelance basis didn't send me any w-2 or 1099 (I think it must be because I haven't earned a certain amount)

After I read several answers in this forum, I've found out that as a F1 student on OPT in 2006 I have to file an 1040 NR with Schedule C.

I just wanted to ask if this would be the forms I should file in my case also. I'm not a student anymore and not in US either.
Also how will I report the income in the case when they didn't send me any w-2 or 1099?

Thanks so much !

Gulce

AtlantaTaxExpert · Feb 27, 2007, 12:05 PM

My last posting (26 Feb 06) is VERY OLD; you CANNOT file Form 1040NR or 1040NR-EZ electronically!

GULCE:

Yes, those are the forms you file (Form 1040NR with Schedule C).

agnessa · Apr 19, 2010, 09:04 PM

Hello Tax expert,
I'm International student. I don't have working permit, but I work in restaurant as a waitress and I receive W-2. I filed my tax return last year and this year using 1040. Not 1040NR. Am I in trouble? My husband also did too. He is same as me, international student. We filed jointly using Turbotax. First year our return was over 2000$. This year almost 1000$. Also we had child and we used that child credit thing. Is it problem? Do I owe money for IRS? Also we are planning to apply for green card. Can you help me for answering it?

AtlantaTaxExpert · Apr 21, 2010, 01:11 PM

Agnessa:

You DID file incorrectly. You and your husband should have each filed their own Form 1040NR and 8843. Depending on which country you call home, you may or may not have been able to claim your child as a dependent.

You need to correct this error by amending the return using Form 1040X and filing separate Forms 1040NR-EZ and 8843. If you do not correct it now, you will have to correct it when you apply for the green card.

If you want professional help, contact me at [email protected].