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    emonchan's Avatar
    emonchan Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Mar 27, 2005, 03:30 PM
    J1 - Foreign Intern
    Hi,

    I started a professional training program in the US last year and it will go on until end of November.

    My employer gave me a 1099-MISC form but so far I don't know what I have to do. I am beginning to worry as the deadline arrives.

    What form do I have to fill, what mistakes can I avoid easily...

    Thank you for your help.

    Eric
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 28, 2005, 08:58 AM
    Eric:

    What country are you from? This is necessary information because your home country may have a tax treaty on how to treat people on an intern program.

    The fact that you got a Form 1099-MISC may dictate the filing of Form 1040-NR with a Schedule C. Whether you file Schedule SE and pay self-employment tax depends on your answer to the above question.

    Answer the question and I can probably give you the correct answer!
    emonchan's Avatar
    emonchan Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Mar 28, 2005, 04:51 PM
    Hi,

    Thank you for your reply,

    I had a few updates today, as it appears the 1099-MISC was a mistake, they printed me a new W-2 Form.

    I already filed a 1040 NR-EZ (but did not send it yet) and spent a good hour figuring out how much days I was on US territory. I hope this was not useless :p

    By the way, I am coming from France.

    Thanks again.

    Eric
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 29, 2005, 09:03 AM
    Eric:

    Tax Year 2004 is a dual-status year for you. Read Chapter 5 of IRS Pub 519 for details on how to file dual-status.
    emonchan's Avatar
    emonchan Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Apr 1, 2005, 06:29 PM
    OK, thank you for that help.

    However I don't understand why I have to fill a dual status. In fact I don't see much difference for my particular case.

    I have another question, 1040 NR requires to calculate all days spent on US soil.
    Does that mean only days when I was actually under J1 internship visa (only 2004 and 2005) , or also days as a tourist (that would mean days spent during 2002 to 2005)
    kbclark's Avatar
    kbclark Posts: 1, Reputation: 1
    New Member
    		  
    #6

    Jun 4, 2012, 11:02 AM
    If you have a unpaid foreign intern do they need any type of Visa
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    Jun 4, 2012, 12:14 PM
    Yes. They need either a F-1 visa as an international student or a J-1 visa as an business apprentice or trainee. There are other visa types, but F-1 and J-1 cover most intern cases.
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