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

    Apr 3, 2007, 07:48 PM
    H2b 1099-misc
    I need advice!

    I am currently filing for last year - 2006.

    I am a soccer coach brought over by an employer on a H2b, however he pays me as an independent contractor on a 1099-misc, is this legal?

    In my naivety I signed a contract and I seem to remember a statement in it saying "you will be classed as an independent contractor" does this make a difference?

    I want him to pay me on a W-2 because this 15.3% self-employment tax is killing me, considering I earned less than $25,000 last year. Is it feasible to go to him and ask this?

    Any help greatly appreciated!

    Richard
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
    Full Member
     
    #2

    Apr 4, 2007, 07:03 AM
    Quote Originally Posted by nuwart
    I need advice!

    I am currently filing for last year - 2006.

    I am a soccer coach brought over by an employer on a H2b, however he pays me as an independant contractor on a 1099-misc, is this legal?

    In my naivety I signed a contract and I seem to remember a statement in it saying "you will be classed as an independent contractor" does this make a difference?

    I want him to pay me on a W-2 because this 15.3% self-employment tax is killing me, considering I earnt less than $25,000 last year. Is it feasible to go to him and ask this?

    Any help greatly appreciated!

    Richard
    If you are an H1B then you really should be an employee, not self employed.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #3

    Apr 13, 2007, 12:07 PM
    I agree with TTE that you should be classified as an employee.

    However, the IRS will not care about that. They WILL expect you to file Schedules C and SE to claim that income.

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