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Taxes with O1 visa

Hello, 

I have a tricky situation.

I got a O1 visa, because the US company I work for asked me to move to US. Before my arrival to US, I had an agreement as Independent Contractor with them (I used to live in Mexico), but in the moment I arrived in the US, on April 11, I signed my contract as an employee that same day.

 

My question is, for the services as Independent Contractor that I provided from April 1 to April 10 outside US, and that they are going to pay me next week (outside of my payment as employee), do I have to report any taxes in US for that? Does my employer have to give me a 1099 for that amount that they are going to pay me?

 

Thank you for your repply!

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1 Reply
pk
Level 15
Level 15

Taxes with O1 visa

@andreapgn445 , what I get from you post :

(a) you were a self-employed in Mexico ( working on a contract  for a Mexican entity / subsidiary of  US entity) from xxxx till April 10th. 2023 ( ? )

(b) you were then transferred to US  and were admitted on April 11th of 2023 ( ?) with  "O" visa.

(c) This non-immigrant visa  allows you to work for this employer for a period ( 3 yrs ? ) and you are NOT exempt ( from counting days  present ) for purposes of  Substantial Presence Test  ( 183 days present  counting all the days in current tax year + 1/3rd the days present in previous year  + 1/6th  the days present in 2nd previous year).

(d) Assuming that you were not present in the USA for any purposes  during  2020, 2021 and 2022, you would be a Non Resident Alien  for the current year ( 2023?) till you meet the SPT and be taxed  ONLY on US sourced  income.  Thus any income outside of USA is NOT subject to US taxes.   Once you pass the SPT, however, you will be taxed by the USA on your world income.

 

Does this make sense  and does it answer you query ?

 

pk

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