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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28081
Experience:  Taxes, Immigration, Labor Relations
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My name is ***** *****. If someone has a 1099 and worked here

Customer Question

My name is ***** *****. If someone has a 1099 and worked here under a O2 visa then I would presume that the tax return would be a non resident return
JA: Thanks. Can you give me any more details about your issue?
Customer: I don't really know much more than that as I am trying to decide if I take on the project of the return
JA: OK got it. Last thing — Immigration Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 6 months ago.
Category: Tax
Expert:  GSenmartin replied 6 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. You are asking if you can work for someone that is not the O-1 principal?
Customer: replied 6 months ago.
No the person who has the O2 visa and 1099 is asking me to see if I can help do their tax return. My assumption is that I would file a 1040NR tax return but I was wondering what your experience might be ( and I know your an attorney not a CPA) but the likely hood is that this person doesn't have a ss#
Expert:  GSenmartin replied 6 months ago.
I can only tell you that they are only supposed to work for the O-1 principal. If you like, I can transfer your question to our tax forum because I think your question really relates more to that. Please let me know if that is ok.
Customer: replied 6 months ago.
They are working for the O-1 principle. How does the tax forum work?
Expert:  GSenmartin replied 6 months ago.
I'll just opt out and transfer you over there and someone should be able to help you. It doesn't cost anything additional. No need to respond to me now because it could delay the transfer process.
Customer: replied 6 months ago.
Expert:  Lev replied 6 months ago.
IN general - the alien will be considered a U.S. resident for tax purposes if he/she meets the substantial presence test for calendar year 2015.To meet this test, you must be physically present in the United States on at least:31 days during 2015, and183 days during the 3-year period that includes 2015, 2014, and 2013, counting:All the days you were present in 2015, and1/3 of the days you were present in 2014, and1/6 of the days you were present in 2013.
Expert:  Lev replied 6 months ago.
So far - based on days presented in teh US - the person will be classified as a resident alien or a nonresident alien.If resident alien - use form 1040if nonresident alien - use form 1040NR.Let me know if you need any help with reporting..I appreciate if you take a moment to rate the answer.Experts are ONLY credited when answers are rated positively.If you still have any doubts, need clarification - please be sure to ask.I am here to help you with all tax related issues.

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