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kentatus
New Member

Not a U.S. Citizen, not living in U.S. but received 1099 MISC

Hi, I need help on a simple but rather tricky situation. My friend has lived and worked in the U.S. with a work visa for a few years, receives her W-2s and paid taxes yearly, however her visa expired on Sept 2015 and she went back to India. We just received her W-2 for the period of Jan-Sept, 2015 which I will help file. The tricky question is this: from Oct-Dec 2015 she continues to work for the company as a contractor while she is in India and they sent her a 1099 MISC. How do I file this to avoid paying tax on the 1099? 

Thanks. 

Kent

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1 Best answer

Accepted Solutions
DS30
New Member

Not a U.S. Citizen, not living in U.S. but received 1099 MISC

If she you still meet the Substantial Presence Test (SPT),  she would be considered a US resident alien for all of 2015 and would file as such reporting worldwide income for the entire year.

Please refer to this US Tax Guide for Aliens for additional information about visa exemptions and the various filing requirements.

If she is considered a dual citizen during her last year of US residency, then she would only need to report any US source income during the part of the year that she was considered a nonresident alien.

TurboTax does not support dual status alien filings.

Since she worked remotely in India during the time that she received this income reported on a 1099-MISC, this income will be considered foreign sourced because the sourcing of remote work is where the work is performed.

Therefore, she will need to report this addition 1099-MISC as self-employment income on her US income tax return if considered a full year US resident but may not have to include this income if she is considered a nonresident alien when this income was earned.

To enter this 1099-MISC in TurboTax Online or Desktop, please follow these steps:

  1. Once you are in your tax return, click on the “Federal Taxes” tab ("Personal" tab in TurboTax Home & Business)
  2. Next click on “Wages & Income” ("Personal Income" in TurboTax Home & Business)
  3. Next click on add more income “I’ll choose what I work on” (jump to full list)
  4. Scroll down the screen until to come to the section “1099-MISC and Other Common Income
  5. Choose “Income from Form 1099-MISC” and select “start’


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2 Replies
DS30
New Member

Not a U.S. Citizen, not living in U.S. but received 1099 MISC

What was her visa type while in the USA?
DS30
New Member

Not a U.S. Citizen, not living in U.S. but received 1099 MISC

If she you still meet the Substantial Presence Test (SPT),  she would be considered a US resident alien for all of 2015 and would file as such reporting worldwide income for the entire year.

Please refer to this US Tax Guide for Aliens for additional information about visa exemptions and the various filing requirements.

If she is considered a dual citizen during her last year of US residency, then she would only need to report any US source income during the part of the year that she was considered a nonresident alien.

TurboTax does not support dual status alien filings.

Since she worked remotely in India during the time that she received this income reported on a 1099-MISC, this income will be considered foreign sourced because the sourcing of remote work is where the work is performed.

Therefore, she will need to report this addition 1099-MISC as self-employment income on her US income tax return if considered a full year US resident but may not have to include this income if she is considered a nonresident alien when this income was earned.

To enter this 1099-MISC in TurboTax Online or Desktop, please follow these steps:

  1. Once you are in your tax return, click on the “Federal Taxes” tab ("Personal" tab in TurboTax Home & Business)
  2. Next click on “Wages & Income” ("Personal Income" in TurboTax Home & Business)
  3. Next click on add more income “I’ll choose what I work on” (jump to full list)
  4. Scroll down the screen until to come to the section “1099-MISC and Other Common Income
  5. Choose “Income from Form 1099-MISC” and select “start’


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