I visited the US on a J-1 Visa as an intern for 7 weeks. My employer wasn’t withholding any income for taxes, so I paid estimated tax once I received my final paycheck with a plan for my employer to issue a W2 as normal (albeit with no withheld income). Income was not withheld as he was not aware that changes in tax law meant that non-resident aliens no longer had a personal exemption.

However, I just got issued a 1099-MISC rather than a W2 - I fear this won’t be sufficient for the IRS. What do I do?

  • 2
    The 1099-MISC is what independent contractors receive at end of year. I don't know for a fact, but that 1099 seems perfectly sufficient to me. – RonJohn Jan 31 at 22:58

Note: this is not tax advice. I am not a lawyer or an accountant. See one to get the real answer.

However, based on my experience:

In reality, the IRS doesn’t care what form you have. No form is ok, provided you self-report your income and taxes paid correctly. As your employer didn’t deduct taxes for you, they reported on the 1099-MISC rather than a W-2.

I worked for an international company with minimal US presence. They always issued a 1099-MISC. Towards the end of the company, they decided to forgo the accountant fees and didn’t issue me with the 1099-MISC. The IRS was OK with me self-reporting.

|improve this answer|||||
  • Yes, essentially the W-2 and 1099 are just for cross-checking what you report, and to make it easier for you to report. – RonJohn Feb 1 at 2:33
  • @RonJohn the international company with minimal US presence must not have been concerned about their US taxes, otherwise they would have submitted a 1099-misc. – mhoran_psprep Feb 1 at 13:02

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.