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anomymous
New Member

Tax residency

I am on F1 OPT and I am getting an opportunity to work 1099 contractor while giving them information for tax what should I give as country of tax residence my home country or USA. ( I came to USA last year)

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3 Replies
pk
Level 15
Level 15

Tax residency

@anomymous , 

(a) please confirm that your  EAD actually allows you to work as 1099 -- non-employee /contractor.  Generally  OPT  is focused on a specific training entity  ( where you are a trainee and not employee).

(b) your tax-home while in the US is US and not your home country.  You will be taxed as a US person but generally no FICA ( as a trainee / student).

Which country are from?  Are you attached to an university/college for your F-1 ?

 

Is there more I can do for you ?

anomymous
New Member

Tax residency

Thank you for your response. I recently graduated from a university, and I wanted to confirm—since I have been in the U.S. for less than five years, I should be completing the W-8BEN form, correct?

pk
Level 15
Level 15

Tax residency

@anomymous , generally if you came in as a F-1, you are considered an exempt person ( from counting days present towards SPT ) for five calendar years including the year you entered.  So when did you first enter US with F-1 ? Was this your very first  entry with three prior years ?

Note that if you are still NRA then you will have to file your return on form 1040-NR ( not supported by TurboTax -- use SprinTax or similar services or tax professional familiar with international taxation ).

BTW -- which country are you from ?

And yes generally NRAs  use W8-BEN and therefore receive a 1042-S.

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