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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15722
Experience:  15years with H & R Block. Divisional leader, Instructor
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I am on H1B but due to some family emergency I am travelling

Customer Question

Hi I am on H1B but due to some family emergency I am travelling to my home country wont be back in US for a long time My company is suggesting me to become a consultant and get 1099, is that better or W8?
JA: The expert will know how to help. Is there anything else important you think the expert should know?
Customer: This is the only question I have
Submitted: 2 months ago.
Category: Tax
Expert:  Robin D. replied 2 months ago.

Hello, I'm Robin. Welcome to JustAnswer. I'm reviewing your question now and typing up my reply. I'll post that in just a few moments.

Expert:  Robin D. replied 2 months ago.

As a non resident of the US You would not be issued a 1099MISC. You would need to complete the W8 form to identify your self as a non resident and not physically in the US performing any service. A non resident outside the US is not taxed in the US on services performed for US companies.

Expert:  Robin D. replied 2 months ago.

Please let me know if you need more information.
If not then scroll up to see the STARS to rate so I am credited.

Customer: replied 2 months ago.
Will my company withhold federal tax using the W8 Form?
Expert:  Robin D. replied 2 months ago.

No they should not. A non US person performing services outside the US means no US tax is withheld.

Expert:  Robin D. replied 2 months ago.

Did that clarify?

Expert:  Robin D. replied 2 months ago.

Hello?