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    ronie305's Avatar
    ronie305 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 3, 2009, 03:32 PM
    F1 CPT - Independent contractor
    Hi,

    I am an international student under F-1 Visa status. I am interested in working for a company under part-time CPT. The employer however is not ready to give me a W-2. They want me to work as an independent contractor and fill a W9 form. (I am sure that I am not a US Person as described on the W9 form)

    I had this employment approved by my university. My form I-20 also reflects that I am allowed to work for this employer.

    However, I am not sure if (as an international student) I am allowed to work as an independent contractor. I do not want to get into trouble over this. Please let me know if it is legal for me to work with this employer.

    Also, how do I report my taxes? Which form do I fill?

    I really appreciate your help!

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

    Mar 4, 2009, 02:27 AM

    Complete W9 and check exempt payee.
    1099-misc should be OK since your I-20 has the name of the employer.
    Read W2 vs 1099-misc : Your U.S. Tax Return: W2 vs 1099-Misc: Employee vs Independent Contractor.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Apr 28, 2009, 10:32 AM
    You will need to filr a Schedule C with Form 1040NR.

    It is a technical violation of your visa to work under Form 1099, but it is a violation on the part of your employer, not you, so you need not work.

    Tax-wise, it makes no difference.
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