[chintanmistry]

I am on OPT status (F-1 VISA), and my employer gave me 1099-MISC instead of W-2. Searching online I found out that 1099 is given to Independent Contractor, but I should be an employee and should be given W-2.\

Can anyone help me out what should I do?

[MukatA]

Since you will be filing nonresident return, you will not pay SE tax on the 1099-misc income. So you do not lose any thing if you got 1099-misc instead of W-2. You can even claim your business (job) related expenses.

1099-misc income:You will report your income and business related expenses on schedule C or C-EZ (Form 1040). Then you put net income (or loss) on line 12 of Form 1040. Your U.S. Tax Return: Tax Filing by Self Employed Sole Proprietor or Independent Contractor

[chintanmistry]

Thanks Sir for reply,

I understand that I can still file Tax with 1099 MISC, but isn't it something wrong? Since I receive W-2 form from other employer, I should have receive W-2 for this employer too, Is it any illegal to do when on F1 VISA (OPT Status) ?

Thanks again for your answer.

[AtlantaTaxExpert]

Technically, it IS a visa violation by your employer, but no one is harmed and, as implied by Mukat, you may even have some benefit because you can deduct certain work-related expenses that cannot be deducted as a W-2 employee.

It is NOT illegal to file the return using Form 1099-MISC. If you need help fling, contact me at [email protected].

[chintanmistry]

Thanks for your helpful reply.

Just to be curious, who owns the responsibility if client is filling the tax with tax agent? If something goes wrong, who is responsible for abusing Tax Laws set by an IRS? Tax payer or Tax agent (who actually filled tax for tax payer)?

[MukatA]

If there is any error in the tax return, tax payer is responsible as far as IRS is concerned. How you deal with the tax agent, it is up to you.
You may get professional help from AtlantaTaxExpert.