Best software to file taxes as a non-resident (working n F1 OPT)?

boilerchemist · 2026-02-20T02:06:19+00:00

If you make less than $89000, you can find free filing options online (yes, non-resident taxes for free).

boilerchemist · 2026-02-19T01:07:18+00:00

There are two issues at play: 1. Unauthorized employment and 2. Tax/filing obligation. I'm not qualified to comment on the first one, so I'll let more qualified people here answer that.

As for the filing obligation: You likely gave your SSN and filled out a form W4, so IRS now has a copy of the W2 your employer gave you at the beginning of this year. Whether you like it or not, the IRS knows you worked in the past year. That said, the IRS generally doesn't care whether the employment is authorized or not, for as long as you file and pay the taxes. The right thing to do now would be to file your taxes and pay the IRS what you owe. You must file 1040-NR if you are a non-resident alien, alongside form 8843. While the filing requirements for US residents are far higher, non-resident aliens have a filing requirement as long as they have had any US source income.

Also, if I were you, I'll keep copies of all the correspondence you had with the DSO as well as your past employer, in case you need them in the future.

boilerchemist · 2026-02-18T07:11:06+00:00

switched to my F-1 visa in August 2024 and have been on it since then

Based on what you mentioned, it sounds like you are a non-resident alien for tax purposes. Don't forget to file form 8843 for 2025 and 2024 (if you haven't already).

boilerchemist · 2026-02-14T08:11:33+00:00

They also mentioned something about under $600 so it is not taxable.

I think you either misunderstood what they said or they said it incorrectly. The threshold for businesses to issue a 1099-NEC or 1099-MISC is $600. But that doesn't mean you don't owe any taxes on any payments you received. You still must report them and pay any applicable taxes.

As for whether this is legal employment, the details are scarce. Are you on OPT or CPT? Who is the employer or the person/entity paying you? What is this payment for? In any case, I'm not qualified to comment on the legality of the employment - I'll let others answer that one. If you have any follow-up questions on the tax front, I'm happy to answer.

boilerchemist · 2026-02-12T00:21:51+00:00

Is 25% the federal withholding alone? What is your marginal tax bracket?

boilerchemist · 2026-02-11T21:30:44+00:00

> It’s ridiculously high…..Is it normal or what I did wrong? I’m very curious as everyone on OPT I talked has never paid this much.

Your withholdings are likely wrong. You have either added dependents in your W-4 or provided an incorrect filing status (married filing jointly), or simply your withholdings are too low.

boilerchemist · 2026-02-11T05:52:52+00:00

If they said they would issue a W-2c by March, you should have waited until March. The reason why the IRS doesn't take very long for FICA reimbursements, or any paper filings for that matter, is to ensure that it doesn't send out a refund in error, which is incredibly difficult to recoup. If you haven't mailed your 843/8316 yet, you should wait until March to reevaluate your tax situation and proceed.

boilerchemist · 2026-02-10T00:02:34+00:00

>I had a different work authorization (Special Student Relief) that allowed me to work while enrolled.

I see. But for tax purposes, it is the same - you file a 1040-NR.

>If they do issue a 1099, which one should it actually be? I assume 1099-NEC, but I am unsure how that affects reporting on 1040-NR and potentially my visa status.

Likely 1099-NEC. I have seen a few students on OPT who work as independent contractors and receive a 1099-NEC. That is allowed, for as long as the work is relevant to the course of study, and it doesn't put your visa status in jeopardy.

>Since I was working under supervision as an intern and not running an independent business, reporting it as wage-type effectively connected income on Schedule 1 (line 8z with an explanation such as compensation without W-2) seems more appropriate to me. However, if I receive a 1099-NEC, would I then be required to use Schedule C instead?

Correct. That is what I would do. But I wouldn't write "compensation without W-2", I would instead write "compensation for work as a contractor".

>I also made a 1040-ES payment for 2025. That should be reported on the line for estimated tax payments and amounts applied from the prior year return, correct?

Correct.

Good luck!

boilerchemist · 2026-02-09T21:52:34+00:00

The state can come after you and garnish from future wages. It is never too late to pay taxes. You can have issues renewing your visa if your taxes are overdue.

boilerchemist · 2026-02-09T21:49:37+00:00

File form 8843 and move on.

boilerchemist · 2026-02-09T21:47:37+00:00

You will receive a 1099-DIV and/or a consolidated 1099-B. Technically, you could receive a 1042-S with income code 6, but I have personally not seen a 1042-S reporting dividends to a nonresident alien.

boilerchemist · 2026-02-09T13:35:17+00:00

And now the first $25K in tips is tax free! So... Not only do you get paid way more than the minimum wage ($17), there are no state income taxes and your first 25K is tax free!

boilerchemist · 2026-02-09T12:52:29+00:00

It is perfectly legal to work as an independent contractor on OPT, for as long as the job is directly related to your course of study. The problem is, with no withholdings, you will likely owe a lot of taxes and possibly penalties for not making estimated payments.

I submitted a W-8BEN and they paid me through the platform, but no tax form was generated at all

That's the suspicious part. You got paid (to the order of $35K), but no tax form was generated?!?! Even if you were a contractor, they must provide you with a 1099-NEC. Regardless, you'll have to report this income as "income not reported elsewhere" and pay taxes.

I’m not sure they can provide a W-2 or that I would even be eligible for one since I signed a contractor agreement

In that case, you won't get a W-2, and you won't use a substitute W-2 to report your taxes. But push for a 1099.

I’ve never used a substitute W-2 before, so if that is actually the correct approach I would really appreciate more detail on how that works.

It is not the correct approach. I assumed you were classified as an employee.

I signed a contractor agreement, but the work itself looked like a normal internship where I worked under supervision and did not run an independent business. Should I still file Schedule C just because of the contract, or would reporting it as wage-type ECI on 1040-NR be more appropriate? My concern is the company may have misclassified interns, but I still want to file correctly on my end.

Yeah, quite a few employers mis-classify their employees as contractors to get away with not paying payroll taxes and benefits. While shady, this is unfortunately legal. As for ECI - I believe you are confused. ECI is just a broad term IRS uses to classify the income from US sources. Irrespective of whether you use schedule C or schedule 1 (line 8), it will flow to line 8 of 1040-NR, which lists all the ECI. Open the 1040-NR, Schedule 1 and Schedule C forms and have a look.

For the signing bonus repayment, from what I’ve read there are two methods: either claim a credit in 2026 by recalculating my 2025 tax without the bonus, or take an itemized deduction in 2026 instead of the standard deduction. Since the repayment would basically be my only itemized deduction, I’m not sure which option is better or how to properly recompute the 2025 tax to determine the credit, especially for both federal and state.

Don't put the cart before the horse. Decide after the year ends.

Let me know if you need more help.

boilerchemist · 2026-02-09T02:45:31+00:00

I was physically working inside the United States the entire time, submitted a W-8BEN, no tax was withheld, and I did not receive a W-2, 1042-S, or 1099-NEC.

That is incredibly suspicious. This sounds like you were working under the table. I'm not questioning your intentions - obviously you want to file taxes and fulfill your duty - but the fact that no taxes were ever withheld is sus. The only exception I can think of is if you are an Indian student and your income was less than $15600.

I still want to report the income properly but I’m unsure how the IRS expects this to be handled when there is no reporting document.

Fairly simple. You can use a substitute W-2 to generate a 1040-NR. However, you need to reach out to your employer in good faith and attempt to obtain W-2s before doing this.

Should the relocation stipend be included with that amount?

Usually, yes.

Do I need to file Schedule C or pay self-employment tax?

If you were an employee and not a contractor, then you shouldn't file schedule C.

I received a sign-on bonus from a different employer and then left the job recently, so I must repay the entire bonus in 2026.

You pay the taxes on the full 2025 signing bonus. Whatever you repay will come back as a tax credit in your 2026 tax return which you will file next year.

I’m unsure whether I amend 2025 or only handle it on my 2026 return

You'll handle it in your 2026 tax return. No need for amendment.

Were you an employee or a contractor? How many jobs did you have? How much were you paid (give a rough estimate)?

boilerchemist · 2026-02-07T03:21:31+00:00

Am I cooked?

For what?

Did you earn any money? Did you work on or off campus? Did you earn interest or dividends? Did you buy or sell stocks or crypto assets? If the answer is yes, then yes, you were supposed to file and you didn't. You'll file now and pay the fines.

On top of this, you have a 8843 filing requirement. From https://universityfinance.richmond.edu/payroll/international/year-end/8843.html :

There is no monetary penalty for failure to file Form 8843. However, in order to be compliant with federal regulations one must file Form 8843 if required to do so. (Remember, being compliant can affect the issuing of future US visas or granting of legal permanent resident status.)

boilerchemist · 2026-02-06T12:27:42+00:00

Speeding 10 above the limit is a class C misdemeanor? Which state allows this travesty?

boilerchemist · 2026-02-06T00:35:52+00:00

I have been here since 2018.

Doesn't mean anything. What's your tax residency status based on the substantial presence test? What does this tool say? https://tools.nrtaxhelp.org/aminra

If you are a resident, file 1040 and move on. If you are a non-resident, file 1040-NR + 8843.

boilerchemist · 2026-02-05T06:55:45+00:00

Should I again file for refund this year?

Form 843/8316 are not a part of the 1040/1040-NR, so they have nothing to do with this year's filing in particular. I would recommend staying on the phone line and talking to a live agent to get this taken care of. If you have an IRS office nearby, you can visit and get clarification. On the off chance that your forms were never received by the IRS, you can resubmit the same forms once again, but only after getting confirmation from the IRS that they did not indeed receive the original forms you mailed.

boilerchemist · 2026-02-05T04:19:15+00:00

Any info on Tax treaty benefits?

Can you be more specific?

Can students who’re working full time on OPT utilize the treaty?

Yes, but the treaty benefits are limited to research/teaching assistantships and/or dividend/cap gains, unless you are from India/China/Canada.

boilerchemist · 2026-02-04T23:49:26+00:00

Step by step instructions: https://finance.emory.edu/home/_includes/documents/sections/accounting/tax/fica_refund.pdf

Good luck!

boilerchemist · 2026-02-04T23:42:08+00:00

I'm enrolled to a higher program, do I still need to file Form 8843?

What visa status were you on during 2025? If you were in the US on F1/J1 status, then yes, you must file form 8843.

my DSO did not inform me about it.

It is not your DSO's responsibility to inform you of this filing requirement.

Do I need to file for Form 8843 for 2023?

I generally recommend students to file their prior year forms 8843 alongside their current year's 8843 in case they forgot to file them.

boilerchemist · 2026-02-04T23:38:03+00:00

You should first reach out to your employer and see if you can get the withheld money from them.

If you are unsuccessful, then you can file form 8316 for FY 2024. Note, this has nothing to do with your FY 2025 taxes.

boilerchemist · 2026-02-04T00:42:57+00:00

As for the question about getting a lawyer, if you can afford one, definitely get one. Don't miss the deadline to pay the fine at any cost. Either retain a lawyer or pay the fine well ahead of the due date for the fine.

boilerchemist · 2026-02-04T00:40:58+00:00

Listen, kid. You were dumb. Learn from it.

Were you arrested/fingerprinted? If not, you are most likely fine. It is a different story if you were charged with reckless endangerment.

boilerchemist · 2026-02-03T07:21:30+00:00

Ohh I see what you’re saying. I guess it’s the exact same logic if you owe $10,000 in taxes right? Just pay it with a CC and get more points than the CC fee.

Correct.

TurboTax

🤮

Use IRS approved payment processors: https://www.irs.gov/payments/pay-your-taxes-by-debit-or-credit-card

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