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I have a few compound questions, some of which may border legal SE. So please feel free to defer areas that you feel are in the other category.

I have been spending time learning photography and recently I have tried to venture into food photography. The vendors liked my photos and they reimburse the food and also pay per image that they accept (roughly about $15-$25 per food picture). They asked for my Paypal account.

I offered them my wife's paypal account. Come tax season, who should expect the tax bill? Me because I earned a few dollars or my wife because it is her Paypal and/or bank account? (The sum total we're talking about, if it is relevant, is about $200 to $500 in the year including reimbursement for food purchased to photograph.)

The legal aspect is as follows: As a H1B Visa holder I am to not hold multiple jobs(?) or get paid for anything over 40 hours(?). So if I get paid for my photographs is this going to be an issue? If so, can I have my wife (US citizen) get paid?

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    How do you file your taxes (presumably MFJ)? Will the 1099 be sent in her name, or yours (although they might not send you a 1099, if the amount is less than $600)? – RonJohn Nov 26 at 2:16
  • MFJ (Married Filed Jointly) indeed. I usually get my W2 from my employer and she gets W2, 1099 (for some contract stuff she does on the side). Part of my question is also hoping to get an answer for if I will get a tax doc or she will (I have listed her bank account and her paypal account). Also, just for the sake of completeness, if the amount is more than $600 how would your answer be different? I don't have this apply to me now but on an ongoing basis I don't want to refuse money for my art work. So is there a way to continue this? – perennial_noob Nov 26 at 2:23
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    $600 is the required minimum threshold for sending a 1099. Of course, they might send one to you for a smaller amount of money. They might have her bank account and her paypal account, but who's name and SSN do they have? Because that's who they're going to tell the IRS is the person who got the money. – RonJohn Nov 26 at 3:11
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    You say you don’t want to refuse money for your art work. It seems to me you should first determine whether your visa allows you to accept money for it. It appears to me that it’s not allowed: h1b.io/blog/…. (See steps 2 and 3, in particular.) – prl Nov 26 at 6:54
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    Attributing income to you wife that you are not allowed to earn seems to me that you’re trying to obscure the fact that you’re violating the terms of your visa. – prl Nov 26 at 6:58

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