Non Resident Alien Spouse Treated As Resident - Self Employment Income
First, the SSN isn't an issue. She will need to apply for an ITIN together with tax filing, in order to file taxes as Married Filing Jointly anyway. I think you (or both of you in the joint case) probably qualify for the Foreign Earned Income Exclusion, if you've been outside the US for almost the whole year, in which cases both of you should have all of your income excluded anyway, so I'm not sure why you're getting that one is better. As for Self-Employment Tax, I suspect that she doesn't have to pay it in either case, because there is a sentence in your linked page for Nonresident Spouse Treated as a Resident that says However, you may still be treated as a nonresident alien for the   purpose of withholding Social Security and Medicare tax. and since Self-Employment Tax is just Social Security and Medicare tax in another form, she shouldn't have to pay it if treated as resident, if she didn't have to pay it as nonresident. From the law, I believe Nonresident Spouse Treated as a Resident is described in IRC 6013(g), which says the person is treated as a resident for the purposes of chapters 1 and 24, but self-employment tax is from chapter 2, so I don't think self-employment tax is affected by this election.
Why was I sent both 1042-S and 1099. Which amount is the right amount that has been withheld. Generally, each tax form you get will be about a separate income; for instance, you might get a 1099-DIV for dividends you earned from an investment and then a 1099-B for the profit or loss on selling that investment, in which case you'd report them both to the IRS. In this case, you've also had money withheld as a non-resident alien, which is why you've been issued a 1042-S. So you need to report both amounts to the IRS. "The other answer has mentioned ""factual resident"", and you have raised the existence of a U.S./Canada tax treaty in your comment, and provided a link to a page about determining residency. I'd like to highlight part of the first link: You are a factual resident of Canada for tax purposes if you keep   significant residential ties in Canada while living or travelling   outside the country. The term factual resident means that, although you left Canada, you   are still considered to be a resident of Canada for income tax   purposes. Notes If you have established ties in a country that Canada has a tax treaty   with and you are considered to be a resident of that country, but you   are otherwise a factual resident of Canada, meaning you maintain   significant residential ties with Canada, you may be considered a   deemed non-resident of Canada for tax purposes. [...] I'll emphasize that ""considered to be a resident of Canada for income tax purposes"" means you do need to file Canadian income tax returns. The Notes section does indicate the potential treaty exemption that you mentioned, but it is only a potential exemption. Note the emphasis (theirs, not mine) on the word ""may"" in the last paragraph above. Please don't assume ""may"" is necessarily favorable with respect to your situation. The other side of the ""may"" coin is ""may not"". The Determining your residency status page you mentioned in your comment says this: If you want the Canada Revenue Agency's opinion on your residency   status, complete either Form NR74, Determination of Residency Status   (Entering Canada) or Form NR73, Determination of Residency Status   (Leaving Canada), whichever applies, and send it to the International   and Ottawa Tax Services Office. To get the most accurate opinion,   provide as many details as possible on your form. So, given your ties to Canada, I would suggest that until and unless you have obtained an opinion from the Canada Revenue Agency on your tax status, you would be making a potentially unsafe assumption if you yourself elect not to file your Canadian income tax returns based on your own determination. You could end up liable for penalties and interest if you don't file while you are outside of Canada. Tax residency in Canada is not a simple topic. For instances, let's have a look at S5-F1-C1, Determining an Individual’s Residence Status. It's a long page, but here's one interesting piece:  1.44 The Courts have stated that holders of a United States Permanent Residence Card (otherwise referred to as a Green Card) are   considered to be resident in the United States for purposes of   paragraph 1 of the Residence article of the Canada-U.S. Tax   Convention. For further information, see the Federal Court of Appeal's   comments in Allchin v R, 2004 FCA 206, 2004 DTC 6468.   [...] ... whereas you are in the U.S. on a TN visa, intended to be temporary. So you wouldn't be exempt just on the basis of your visa and the existence of the treaty. The CRA would look at other circumstances. Consider the ""Centre of vital interests test"": Centre of vital interests test [...] “If the individual has a permanent home in both Contracting States, it   is necessary to look at the facts in order to ascertain with which of   the two States his personal and economic relations are closer. Thus,   regard will be had to his family and social relations, his   occupations, his political, cultural or other activities, his place of   business, the place from which he administers his property, etc. The   circumstances must be examined as a whole, but it is nevertheless   obvious that considerations based on the personal acts of the   individual must receive special attention. If a person who has a home   in one State sets up a second in the other State while retaining the   first, the fact that he retains the first in the environment where he   has always lived, where he has worked, and where he has his family and   possessions, can, together with other elements, go to demonstrate that   he has retained his centre of vital interests in the first State.” [emphasis on last sentence is mine] Anyway, I'm acquainted with somebody who left Canada for a few years to work abroad. They assumed that living in the other country for that length of time (>2 years) meant they were non-resident here and so did not have to file. Unfortunately, upon returning to Canada, the CRA deemed them to have been resident all that time based on significant ties maintained, and they subsequently owed many thousands of dollars in back taxes, penalties, and interest. If it were me in a similar situation, I would err on the side of caution and continue to file Canadian income taxes until I got a determination I could count on from the people that make the rules." A non-resident alien is only allowed for deductions connected to producing a US-sourced income (See IRC Sec. 873). Thus you can only deduct things that qualify as business expenses, and State taxes on your wages. In addition you can deduct a bunch of stuff explicitly allowed (like tax preparation, charitable contributions, casualty losses, etc) but sales tax is not in that list. You're not subject to the US tax laws, and since the income is not US-sourced, it is not subject to withholding. Your employer doesn't need any form, but if they insist - you can provide them a W8-BEN to certify your non-resident status. Keep in mind that if you do come to the US, the money you earn while in the US is US-sourced and subject to the US taxes and withholding, even if you're non-resident. Welcome to the wonderful but oft confusing world of self-employment. Your regular job will withhold income for you and give you a W2, which tells you and the government how much is withheld.  At the end of the year uber will give you and the government a 1099-misc, which will tell you how much they paid you, but nothing will be withheld, which means you will owe the government some taxes. When it comes to taxes, you will file a 1040 (the big one, not a 1040EZ nor 1040A).  In addition you will file a schedule C (self-employed income), where you will report the gross paid to you, deduct your expenses, and come up with your profit, which will be taxable.  That profit goes into a line in the 1040.   You need to file schedule SE.  This says how much self-employment tax you will pay on your 1099 income, and it will be more than you expect.  Self employment tax is SS/Medicare.  There's a line for this on the 1040 as well.  You can also deduct half of your self-employment tax on the 1040, there's a line for it. Now, you can pay quarterly taxes on your 1099 income by filing 1040-ES.  That avoids a penalty (which usually isn't that large) for not withholding enough.  As an alternative, you can have your regular W2 job withhold extra.  As long as you don't owe a bunch at tax time, you won't be a fined. When you are self-employed your taxes aren't as simple.  Sorry.  You can either spend some time becoming an expert by studying the instructions for the 1040, pay for the expensive version of tax programs, or hire someone to do it for you. Self-employed taxes are painful, but take advantage of the upsides as well.  You can start a solo 401(k) or SEP IRA, for example.  Make sure you are careful to deduct every relevant business expense and keep good records in case you get audited. "Its not for US citizens - its for US residents. If the US considers you as a tax resident - you'll be treated the same as a US citizen, regardless of your immigration status. The question is very unclear, since it is not mentioned whether your US sourced income ""from the Internet"" is sales in the US, sales on-line, services you provide, investments, or what else. All these are treated differently. For some kinds of US-sourced income you should have paid taxes in the US already, regardless of where you physically reside. For others - not. In any case, if you become US tax resident, you'll be taxed on your worldwide income, not only the $10K deposited in the US bank account. ALL of your income, everywhere in the world, must be declared to the US government and will be taxed. You should seek professional advice, before you move to the US, in order to understand your responsibilities, liabilities and rights. I suggest looking for a EA/CPA licensed in California and experienced with taxation of foreigners (look for someone in the SF or LA metropolitan areas). Keep in mind that there may be a tax treaty between the US and your home country that may affect your Federal (but not California) taxes." It looks like fair-market value when you receive your virtual currency is counted as income. And you're also subject to self-employment tax on that income. Here's an FAQ from the IRS: Q-8: Does a taxpayer who “mines” virtual currency (for example, uses   computer resources to validate Bitcoin transactions and maintain the   public Bitcoin transaction ledger) realize gross income upon receipt   of the virtual currency resulting from those activities? A-8: Yes,   when a taxpayer successfully “mines” virtual currency, the fair market   value of the virtual currency as of the date of receipt is includible   in gross income. See Publication 525, Taxable and Nontaxable Income,   for more information on taxable income.Q-9: Is an individual who   “mines” virtual currency as a trade or business subject to   self-employment tax on the income derived from those activities? A-9:   If a taxpayer’s “mining” of virtual currency constitutes a trade or   business, and the “mining” activity is not undertaken by the taxpayer   as an employee, the net earnings from self-employment (generally,   gross income derived from carrying on a trade or business less   allowable deductions) resulting from those activities constitute   selfemployment income and are subject to the self-employment tax. See   Chapter 10 of Publication 334, Tax Guide for Small Business, for more   information on selfemployment tax and Publication 535, Business   Expenses, for more information on determining whether expenses are   from a business activity carried on to make a profit. You'd of course be able to offset that income with the expense of mining the virtual currency, depreciation of dedicated mining equipment, electricity, not sure what else. Edit: Here's a good resource on filing taxes with Bitcoin: Filling in the 1040 Income from Bitcoins and all crypto-currencies is   declared as either capital gains income or ordinary income, for   example from mining. Income Ordinary income will be declared on either   your 1040 (line 21 - Other Income) for an individual, or within your   Schedule C, if you are self-employed or have sole-proprietor business.   Capital Gains Capital gains income, or losses, are declared on   Schedule D. Since there are no reported 1099 forms from Bitcoin   exchanges, you will need to include your totals with Box C checked for   short-term gains, and with Box F checked for long-term gains. Interesting notes from that article, your first example could actually be trickier than expected if you started mining before there was a Monero to USD exchange. Also, there can also be capital gains implications from using your virtual currency to buy goods, which sounds like a pain to keep track of. "If you have income - it should appear on your tax return. If you are a non-resident, that would be 1040NR, with the eBay income appearing on line 21. Since this is unrelated to your studies, this income will not be covered by the tax treaties for most countries, and you'll pay full taxes on it. Keep in mind that the IRS may decide that you're actually having a business, in which case you'll be required to attach Schedule C to your tax return and maybe pay additional taxes (mainly self-employment). Also, the USCIS may decide that you're actually having a business, regardless of how the IRS sees it, in which case you may have issues with your green card. For low income from occasional sales, you shouldn't have any issues. But if it is something systematic that you spend significant time on and earn significant amounts of money - you may get into trouble. What's ""systematic"" and how much is ""significant"" is up to a lawyer to tell you."