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Am I self employed? Clarification on 1099-NEC and Self-Employment Classification

Hello. I am seeking clarification regarding the classification of my income reported on a 1099-NEC and whether I should be considered self-employed or if I can report extra income on my Form 1040 without filing as self-employed.

 

Last year, I worked in Italy for one month for a U.S. university. My role involved assisting students/professors with their stay/language/helping with reservations, given that I am Italian. My assistance was sporadic, primarily limited to the first week, with the remainder of my support provided mainly through phone calls and text messages and few in-person visits. I was compensated for this work, particularly considering that I covered my own travel expenses to Italy.

 

This was a one-time engagement, and I do not own a business. Furthermore, as a foreign national on an H-1B visa, I am not legally permitted to work in the US for any employer other than my sponsoring company. I accepted this opportunity specifically because it took place in Italy, where I could legally work, and it allowed me to visit my family while earning extra income without much effort considering that I was still working (remotely) for my main job during that month.

 

Given these circumstances, should I classify this income as self-employment, or can I report it as "Other Income" on Form 1040? The compensation was over 600$. However, in the 1099-NEC form there is written " If you are not an employee but the amount in box 1 is not self-employment (SE) income (for example, it is income from a sporadic activity or a hobby), report the amount shown in box 1 on the “Other income” line (on Schedule 1 (Form 1040))".

I do believe this was a sporadic activity given the circumstances I described. What do you think? Or was I a self employed? 

 

If I must report it as self-employment, would I be eligible to deduct my flight expenses as a "business-related" cost?

 

I would greatly appreciate any guidance you can provide. Thank you for your time and assistance.

Federica

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1 Reply
DaveF1006
Employee Tax Expert

Am I self employed? Clarification on 1099-NEC and Self-Employment Classification

Yes, this would be considered Self-Employment income even if this isn't considered a business because it is earned income. This is not a sporadic activity.

 

The IRS does state you can deduct travel expenses paid or incurred in connection with a temporary work assignment away from home for temporary assignments lasting a year or less. 

 

IRS Travel Expenses

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