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I have a job offer from a company based in the US and they want me to start working full-time while they do my H1B visa transfer from one of my previous employers to this one. I currently work in India.

It is a contract position for now.

I would like to ask you how will this work legally. Would it be a 1099 contract or something else because I wont be physically present in the US?

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1099 is the form used to report payments to contractors where the payer and the payee are US entities for tax purposes.

If you're a US tax resident - you'll receive this form. If you're not - you probably won't.

That's just a form.

  • US tax resident? Didnt get that. I am a citizen of India. – Rahul Desai Mar 3 '15 at 13:00
  • @RahulDesai I'm not sure I understand your confusion. The fact that you're an Indian citizen has nothing to do with your tax residency. Being on H1b status you're likely to have been a US tax resident, and depending when you left the US - you may still be. – littleadv Mar 3 '15 at 13:47
  • Earlier when I was working in the US, I was not on H1B, I used the CPT work permit provided by my school. Also, I have paid all taxes till date in US and India. So, I have never worked on H1B till date. I am trying to avoid 1099 to save on taxes. Having given this information, will I still get 1099? – Rahul Desai Mar 3 '15 at 14:09
  • @RahulDesai as I said - 1099 is just a piece of paper. What exactly are you trying to avoid? – littleadv Mar 3 '15 at 14:14
  • I am trying to avoid the US taxes. EDIT: and also Indian taxes. – Rahul Desai Mar 3 '15 at 14:16

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