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Intl Student: 1099 instead of W2?

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Intl Student: 1099 instead of W2?

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Old May 10th 2004, 6:05 am
  #1  
Sn
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Default Intl Student: 1099 instead of W2?

Hi,

I am an international student doing internship and currently on OPT.
My company pays me by the hour and I am not on their payroll. They
said they will give me a 1099 instead of a W2 at the end of the year.
Is that a problem for my visa status? If I am working, do I have to be
on their payroll?

Also, are there any tax implications apart from the fact that I'll be
paying my own taxes at the end of the year? Let me know. Thanks.
 
Old May 10th 2004, 6:41 am
  #2  
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Default Re: Intl Student: 1099 instead of W2?

no, no implications for your status at all. I was paid as a consultant (read - contractor), and I had to pay my own taxes too. I got 1099 form instead of W2. No problem whatsoever. I think, you need to pay your taxes each quarter instead of once a year, make sure you ask someone knowledgeable about it, like a tax accountant at your work.
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Old May 10th 2004, 12:31 pm
  #3  
Amanda
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Default Re: Intl Student: 1099 instead of W2?

[email protected] (sn) wrote in message news:<[email protected]. com>...
    > Hi,
    >
    > I am an international student doing internship and currently on OPT.
    > My company pays me by the hour and I am not on their payroll. They
    > said they will give me a 1099 instead of a W2 at the end of the year.
    > Is that a problem for my visa status? If I am working, do I have to be
    > on their payroll?
    >
    > Also, are there any tax implications apart from the fact that I'll be
    > paying my own taxes at the end of the year? Let me know. Thanks.

That's strange. I received 1099 from my school where I never worked
while on F-1. I found out that it is for using in tax filing to get
educational refund for the tuition fees I paid to the school.

Does your company pays you in cash? They didn't take out any tax?
You should talk to Int'l student office of the school you attended.
 
Old May 10th 2004, 1:49 pm
  #4  
Sn
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Default Re: Intl Student: 1099 instead of W2?

X-No-archive: yes
Thanks. I wanted confirmed info from someone who has been in a similar
situation. I'll check with the accountant at work about quarterly tax
filing. Thanks again.


LucyMO <member20158@british_expats.com> wrote in message news:<[email protected]>...
    > no, no implications for your status at all. I was paid as a consultant
    > (read - contractor), and I had to pay my own taxes too. I got 1099 form
    > instead of W2. No problem whatsoever. I think, you need to pay your
    > taxes each quarter instead of once a year, make sure you ask someone
    > knowledgeable about it, like a tax accountant at your work.
 
Old May 11th 2004, 5:34 am
  #5  
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Default Re: Intl Student: 1099 instead of W2?

Amanda, you got a form 1098 from your school, we all get it, it's not the same as 1099.
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Old May 11th 2004, 2:44 pm
  #6  
Amanda
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Default Re: Intl Student: 1099 instead of W2?

LucyMO <member20158@british_expats.com> wrote in message news:<[email protected]>...
    > Amanda, you got a form 1098 from your school, we all get it, it's not
    > the same as 1099.

I see. I used to get it with no digits shown on it except the last one
which indicated how much I paid for the last year I was in school. So
I called the school and asked what it was all about and was told that
I could get some life time educational refund or something based on
the amount I spent. I didn't know about it all those time.

Have you ever used that in your tax filing?
 
Old May 12th 2004, 1:46 am
  #7  
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Default Re: Intl Student: 1099 instead of W2?

of course. You use it to fill IRS form 8863, and you get about 20% of tuition paid by you back (you will have to subtract all the scholarship amounts, etc. Good instructions are on the form 8863 itself) which reduces the tax amount that you owe. I do believe that you have to be filing taxes as a resident to claim the amount. An F-1 student is allowed to claim taxes as a resident after 5 years in the U.S.
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Old May 12th 2004, 7:21 am
  #8  
Amanda
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Default Re: Intl Student: 1099 instead of W2?

LucyMO <member20158@british_expats.com> wrote in message news:<[email protected]>...
    > of course. You use it to fill IRS form 8863, and you get about 20% of
    > tuition paid by you back (you will have to subtract all the scholarship
    > amounts, etc. Good instructions are on the form 8863 itself) which
    > reduces the tax amount that you owe. I do believe that you have to be
    > filing taxes as a resident to claim the amount. An F-1 student is
    > allowed to claim taxes as a resident after 5 years in the U.S.

LucyMO <member20158@british_expats.com> wrote in message news:<[email protected]>...
    > of course. You use it to fill IRS form 8863, and you get about 20% of
    > tuition paid by you back (you will have to subtract all the scholarship
    > amounts, etc. Good instructions are on the form 8863 itself) which
    > reduces the tax amount that you owe. I do believe that you have to be
    > filing taxes as a resident to claim the amount. An F-1 student is
    > allowed to claim taxes as a resident after 5 years in the U.S.

Gee..I missed all that refund. But with a lot of dropping course
(dropped after tuition refund period) due to illness, it's quite a
bit.

Thanks for telling me about 8863. I need to read it.

When I started grad school the second time, I had been in US for more
than 5 years. I don't remember receiving 1098 in previous schools.
I guess the schools started sending it only after it became a
requirement for them.

When I started getting 1098 at the last university, I would have
checked it, i.e had gone to workshop offered at school, if I were not
so sick and so low on energy from a Rhinitis condition - affected
severely from the moldy school building and not aware of the cause of
the problem.

Then with the surgery in early 2000, I was left with NO strength and
didn't do tax filing for 1999 *since* I didn't work at all in 1999.

In early 1999, I did tax filing for 1998 but didn't use 1098 though in
fall 1998, I registered for some courses (and dropped due to fever).

I concentrated on getting better and finishing school. Between the two
conditions, I regained *some* strength in mid 2002.

I also didn't work in 2000, 2001, 2002, 2003 either and has not filed
tax all those years even though early this year of 2004, I planned to
and also became aware of the refund. I had some scholarship and in
the last school year, some financial aid from the state but mostly it
was a lot of my own saving.

I didn't think the refund would be 20% but I was going to file early
this year since it's a duty to do so, but the filing period expired
as I was struggling with a lot of personal issues (severe emotionally
abuse from my oldest sister) and was busy contemplating my options to
move away and got occupied planning to move back to the previous
state. I moved here late last summer after finishing courses, to get
away from hot, humid, and polluted city of my school that was making
my Rhinitis condition uncontrollable. I am still exhausted from out of
state moving and having had to fix this family owned condo which had
no blinds, drapes, lights, broken door screen, and changing locks when
I moved in.

Do you know whether I can file tax for those years that I didn't file
and get refund for tuiton fee spending?

What about that year I filed tax but failed to use 1098 to get refund?
What should I do about that?

There was another year I didn't file tax though I earned that year and
was entitled a refund based on income range. In fact, I took some
course early that year on F-1 and ehnce probably canget tuition refund
since that year would be the first year after I had been in US for 5
years. I didn't file because I had no energy which I later realized
was the affects form Rhinitis in that polluted city aside form being
too broke with part-time, unstable job and no energy. Knowing that
that I didn't owe any, I let it go.

I'll try to get info but any info from you about anything would be
greatly appreciated.
 
Old May 12th 2004, 8:12 am
  #9  
Joachim Feise
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Default Re: Intl Student: 1099 instead of W2?

Amanda wrote on 5/12/2004 12:21:
    > When I started grad school the second time, I had been in US for more
    > than 5 years. I don't remember receiving 1098 in previous schools.
    > I guess the schools started sending it only after it became a
    > requirement for them.

It was only introduced a couple of years back.

-Joe
 
Old May 12th 2004, 8:16 am
  #10  
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Default Re: Intl Student: 1099 instead of W2?

well, those 20% refunds reduce the amount of taxes you owe, but since you didn't work and didn't owe any taxes, you can't get a refund. You do have to file taxes every year. If you can't do it on time, you should always apply for continuance.
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Old May 12th 2004, 8:19 am
  #11  
Amanda
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Default Re: Intl Student: 1099 instead of W2?

LucyMO <member20158@british_expats.com> wrote in message news:<[email protected]>...
    > of course. You use it to fill IRS form 8863, and you get about 20% of
    > tuition paid by you back (you will have to subtract all the scholarship
    > amounts, etc. Good instructions are on the form 8863 itself) which
    > reduces the tax amount that you owe. I do believe that you have to be
    > filing taxes as a resident to claim the amount. An F-1 student is
    > allowed to claim taxes as a resident after 5 years in the U.S.

Never mind about the questions in my post. Since I wasn't working ,
i.e no income, I found out that I couldn't get refund on tuition fees
for those years. For the year I missed using 1098, I can't get it back
since it's been over 3 years.
 
Old May 12th 2004, 8:19 am
  #12  
Amanda
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Default Re: Intl Student: 1099 instead of W2?

LucyMO <member20158@british_expats.com> wrote in message news:<[email protected]>...
    > of course. You use it to fill IRS form 8863, and you get about 20% of
    > tuition paid by you back (you will have to subtract all the scholarship
    > amounts, etc. Good instructions are on the form 8863 itself) which
    > reduces the tax amount that you owe. I do believe that you have to be
    > filing taxes as a resident to claim the amount. An F-1 student is
    > allowed to claim taxes as a resident after 5 years in the U.S.



Never mind about the questions in my post. Since I wasn't working ,
i.e no income, I found out that I couldn't get refund on tuition fees
for those years. For the year I missed using 1098, I can't get it back
since it's been over 3 years.
 
Old May 13th 2004, 5:41 am
  #13  
Amanda
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Default Re: Intl Student: 1099 instead of W2?

Joachim Feise <[email protected]> wrote in message news:<[email protected]>...
    > Amanda wrote on 5/12/2004 12:21:
    > > When I started grad school the second time, I had been in US for more
    > > than 5 years. I don't remember receiving 1098 in previous schools.
    > > I guess the schools started sending it only after it became a
    > > requirement for them.
    >
    > It was only introduced a couple of years back.
    >
    > -Joe

Thanks for the info.
 
Old May 13th 2004, 5:54 am
  #14  
Amanda
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Default Re: Intl Student: 1099 instead of W2?

LucyMO <member20158@british_expats.com> wrote in message news:<[email protected]>...
    > well, those 20% refunds reduce the amount of taxes you owe, but since
    > you didn't work and didn't owe any taxes, you can't get a refund. You
    > do have to file taxes every year. If you can't do it on time, you should
    > always apply for continuance.

I was aware that I was supposed to file regardless of my income
generated in US. I was just too sick to bother and was just trying to
stay in school.

Now, I remember that I worked for 2 days at a store in late summer
2002. (I had EAD card starting June 2001). I quit because the manager
was a fool. I also did private tutoring one hour a week in Spring
2003 as a favor to a high school student. I was paid with checks.

My plan to file tax for 2003 has passed. Is it too late to do so now?
I don't even know where those paper sent from the bank are; they are
somehere in those bags I have to dig into.

What about for 2002 since I worked 2 days? I also had interest from
the money (sent from home) deposited to checking account.

I'd better contact IRS and ask, I guess. But any tips from anyone
would be appreciated.
 
Old May 16th 2004, 10:55 am
  #15  
Sn
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Default Re: Intl Student: 1099 instead of W2?

I also got a reply from the international students office at my school
on this.
The 1099 (contractor/consultant position) is not a problem for my
student status while I am on OPT. Ive also been suggested to get
advice from a tax consultant for 1099 related tax matters.

[email protected] (sn) wrote in message news:<[email protected]. com>...
    > Hi,
    >
    > I am an international student doing internship and currently on OPT.
    > My company pays me by the hour and I am not on their payroll. They
    > said they will give me a 1099 instead of a W2 at the end of the year.
    > Is that a problem for my visa status? If I am working, do I have to be
    > on their payroll?
    >
    > Also, are there any tax implications apart from the fact that I'll be
    > paying my own taxes at the end of the year? Let me know. Thanks.
 

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