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floridaguy · Apr 10, 2005, 12:46 PM

Hello Everyone,
I did go across lot of threads and it helped me. But I hope I can get answers to my queries.

I was on F1- status throughout last year. However I was paid on 1099-misc and w-2 by two employers.

My Questions
1) Do I need to attach 1099-misc or is the employer tax id enough? I was told by my employer just to put his TaxID no. in the form. I don't have 1099 in hand.
2) I am bit confused as to which form I need to fill 1040nr or 1040nr-ez. How do I add the income from 1099 to the income from w-2 on the respective forms?
3) Do I need to fill Schedule C or Schedule C-Ez if I was not claiming any itemized deductions?
4) My social security and medicare was withheld and the employer already paid IRS so I was told to get it from them. From one of the posts I figured out I need to fill out a) form 843 b) form 8316 c) send in my EAD, I-20, I-94, d) Write a statement that I couldn't get the refund from my employer.
Is all this enough.

Thank you all, and especially AtlantaExpert, who has been answering lot of questions in depth.

-Paulin

floridaguy · Apr 10, 2005, 01:10 PM

One other question that I had was, since I didn't pay taxes on 1099(which I am told I should have done quarterly) do I need to fill Form 2210? Thanks

AtlantaTaxExpert · Apr 10, 2005, 08:09 PM

Floridaguy:

1) Do not attach the Form 1099-MISC. Just make sure the amount you enter on Schedule C/C-EZ as income matches the Form 1099-MISC.

2) You need to file Form 1040NR. You cannot account for Form 1099-MISC income without the Schedule C/C-EZ, and that mandates the use of Form 1040NR.

3) Yes, the Schedule C/C-EZ is required. The deductions claimed on this schedule are not itemized deductions. They are deductions for expenses incurred while earning that Form 1099-MISC income.

4) Ask your employer to provide the statement and specify how much Social Security and Medicare taxes were withheld incorrectly. That's the best way to go.

floridaguy · Apr 10, 2005, 09:15 PM

Thanks Atlanta Tax Expert.
One question on Schedule C/C-ez, I don't need to fill out Line C/D/E about Business name, Employer ID an Business address right? I was just an independent contractor for a local firm?

AtlantaTaxExpert · Apr 11, 2005, 07:46 AM

Fl,oridaGuy:

You do not need to enter the Employer ID number unless you have employees.

You do need to put a business name and address. If you do not have a separate business name, put your own name and address.