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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@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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