A member in our WhatsApp group posted this last tax season:
“I got four different 1099 forms in the mail. I don’t even know what half of them mean. Do I report all of them? I moved to India last year. Help!”
She wasn’t alone. That message triggered 47 replies in two hours.
The 1099 is one of the most confusing parts of the US tax system for NRIs.
Not because it’s hard. But because there are so many types, each reporting different things, with different rules depending on whether you’re a resident alien or non-resident alien.
And if you’ve recently moved back to India or are in the process of relocating, these forms follow you across borders.
Here’s the full breakdown – every 1099 type that matters to NRIs, what they mean, and what you need to do with them.
What Is a Form 1099?
A 1099 is an information return.
It’s how US institutions (banks, brokerages, employers of contractors, retirement plans) tell the IRS: “We paid this person money.”
Think of it as the non-salary version of the W-2.
If a W-2 reports your salary from an employer, a 1099 reports almost everything else – interest, dividends, freelance income, retirement distributions, stock sales, rental payments, and more.
Important: You don’t file the 1099 itself with the IRS. The payer already sent a copy to the IRS. You use the 1099 to correctly report that income on your Form 1040 or 1040-NR.
If the amounts on your tax return don’t match the 1099s the IRS has on file, you’ll get a notice. And possibly penalties.
The 1099 Forms Every NRI Should Know
There are over 20 types of 1099 forms. Most NRIs only encounter 7-8 of them regularly.
Here’s a quick overview, followed by detailed sections on each.
| Form | What It Reports | Common NRI Scenario |
|---|---|---|
| 1099-INT | Interest income | US bank accounts, CDs, bonds |
| 1099-DIV | Dividends and distributions | US stock dividends, mutual fund distributions |
| 1099-B | Proceeds from broker transactions | Selling US stocks, ETFs, mutual funds |
| 1099-R | Retirement distributions | 401(k) withdrawals, IRA distributions, pension payments |
| 1099-NEC | Non-employee compensation | Freelance/consulting income from US clients |
| 1099-MISC | Miscellaneous income | Rental income (paid through property manager), royalties, prizes |
| 1099-K | Payment card/third-party transactions | Payments through PayPal, Venmo, Stripe for US business |
| 1099-DA | Digital asset proceeds | Crypto transactions through US exchanges |
| 1099-G | Government payments | State tax refunds, unemployment benefits |
| 1099-S | Real estate proceeds | Selling US property |
Let’s go through each one.
1099-INT: Interest Income
What it reports: Interest earned from US financial institutions.
This includes interest from:
- US savings accounts
- Certificates of Deposit (CDs)
- US Treasury bonds and notes
- Money market accounts
- Tax-exempt interest (reported separately in Box 8)
When you’ll get one: If a US bank or financial institution paid you $10 or more in interest during the year.
Where it goes on your return:
- Form 1040: Schedule B (if total interest exceeds $1,500) and Line 2b
- Form 1040-NR: Line 2b (for effectively connected income) or Schedule NEC (for FDAP income taxed at flat 30%)
NRI-specific points:
If you’re a resident alien (on H-1B, green card holder, or passed the Substantial Presence Test), interest income is taxed just like it is for any US person. Report it on your 1040.
If you’re a non-resident alien filing 1040-NR, US bank interest is generally not taxable.
This is a special exemption under the Internal Revenue Code. Bank deposit interest paid to non-resident aliens is usually exempt from US tax and withholding. However, this doesn’t apply to interest connected with a US trade or business.
Community tip: Many NRIs keep US bank accounts after moving to India. If you’ve become a non-resident alien, the interest on those accounts may not be taxable in the US.
But it IS taxable in India if you’re an Indian tax resident. Understanding your NRI status in both countries matters.
Important note on Indian interest: Your NRE/NRO account interest in India does NOT generate a 1099. But if you’re a US tax resident, you still report that income on your Form 1040.
There’s no 1099 for it – you self-report it based on your bank statements.
1099-DIV: Dividends and Distributions
What it reports: Dividends and capital gain distributions from US investments.
Key boxes to know:
- Box 1a: Total ordinary dividends
- Box 1b: Qualified dividends (taxed at lower capital gains rates – 0%, 15%, or 20%)
- Box 2a: Total capital gain distributions
- Box 7: Foreign tax paid (if the fund held foreign stocks and paid tax to foreign governments)
When you’ll get one: If a US company, mutual fund, or ETF paid you $10 or more in dividends.
Where it goes on your return:
- Form 1040: Schedule B (if total dividends exceed $1,500) and Lines 3a/3b
- Form 1040-NR: Schedule NEC (usually taxed at 30% flat rate for non-residents) unless treaty rate applies
NRI-specific points:
For resident aliens, qualified dividends are taxed at the favorable long-term capital gains rate (0%, 15%, or 20% depending on income).
Ordinary dividends are taxed at your regular income tax rate.
For non-resident aliens, US-source dividends are generally taxed at a flat 30% rate. But the India-US DTAA (Double Taxation Avoidance Agreement) may reduce this.
Under the treaty, the withholding rate on dividends can be reduced to 15% or 25% depending on the situation.
To claim the treaty rate, you must file Form W-8BEN with your US broker before the payment date.
Community scenario: Rakesh moved to India in 2024. He still holds US stocks in his Fidelity account. In 2025, he received $3,200 in dividends.
His broker withheld 30% ($960) because Rakesh filed a W-8BEN indicating he’s a non-resident. Under the India-US treaty, the rate should be 25%. Rakesh can file Form 1040-NR to claim a refund of the over-withheld amount.
Capital gain distributions (Box 2a): These are gains that a mutual fund or ETF realized internally and distributed to you.
For non-resident aliens, these are generally NOT taxable in the US (capital gains from portfolio investments are usually exempt for non-residents). But the fund may still withhold. You’d file 1040-NR to claim a refund.
For NRIs looking at dividend stocks in India, the tax treatment is completely different. Worth comparing both sides.
1099-B: Proceeds From Broker Transactions
What it reports: Proceeds from selling stocks, bonds, mutual funds, ETFs, and other securities through a US broker.
Key boxes:
- Box 1a: Description of property (stock name, CUSIP)
- Box 1d: Proceeds (total sale amount)
- Box 1e: Cost or other basis (what you originally paid)
- Box 1f: Gain or loss (proceeds minus basis)
- Box 2: Short-term or long-term
When you’ll get one: Whenever you sell investments through a US brokerage.
Where it goes on your return:
- Form 1040: Schedule D (capital gains and losses) via Form 8949
- Form 1040-NR: Schedule D (only for gains connected with US trade or business) or generally not taxable for non-residents on portfolio sales
NRI-specific points:
This is where residency status makes a HUGE difference.
Resident aliens (H-1B, green card holders): All capital gains are taxable, just like for US citizens.
Short-term gains (held less than 1 year) are taxed at ordinary income rates. Long-term gains (held over 1 year) are taxed at 0%, 15%, or 20%.
Non-resident aliens: Here’s the good news.
Capital gains from the sale of US stocks, bonds, and securities are generally NOT taxable in the US for non-resident aliens, as long as you were not physically present in the US for 183 or more days during the tax year AND the gains are not connected with a US trade or business.
This is a huge relief for NRIs who moved to India but still hold US investments.
The 183-day trap: If you were physically present in the US for 183 days or more in the tax year, your capital gains become taxable at a flat 30% rate. This is separate from the Substantial Presence Test for residency.
It’s a simpler count – just days in the current year.
Community experience: Several members in our group sold their US portfolio after moving to India.
Because they were non-resident aliens and weren’t in the US for 183+ days, the gains were not taxable in the US. But they WERE taxable in India. If you’re dealing with capital gains tax implications, plan for both countries.
Wash sale rules: If you’re a resident alien, be careful about selling a stock at a loss and buying it back within 30 days.
The loss gets disallowed. This doesn’t apply to non-resident aliens on US portfolio transactions.
1099-R: Retirement Distributions
What it reports: Distributions from retirement accounts – 401(k), Traditional IRA, Roth IRA, pensions, annuities.
Key boxes:
- Box 1: Gross distribution
- Box 2a: Taxable amount
- Box 4: Federal income tax withheld
- Box 7: Distribution code (tells you why the money was taken out)
Common distribution codes NRIs see:
- Code 1: Early distribution (before age 59½) – subject to 10% penalty
- Code 2: Early distribution, exception applies (no 10% penalty)
- Code 7: Normal distribution (age 59½ or older)
- Code G: Rollover to another retirement plan
- Code 4: Death benefit to beneficiary
When you’ll get one: Whenever you take money out of a US retirement account.
Where it goes on your return:
- Form 1040: Lines 4a/4b (IRA) or Lines 5a/5b (pensions/annuities)
- Form 1040-NR: Same lines, but withholding rules differ
NRI-specific points:
This is the form NRIs deal with most often when planning their return to India.
Withholding for non-resident aliens: When a non-resident alien takes a distribution from a 401(k) or IRA, the plan administrator withholds 30% for federal tax (or the treaty rate).
This is mandatory. No W-4P elections for lower withholding apply to non-residents.
India-US treaty benefit: Under Article 20 of the DTAA, pensions and annuities are taxable ONLY in the country of residence.
So if you’re an Indian tax resident receiving a US pension, India has the primary right to tax it. You can claim credit for US tax withheld.
However, 401(k) and IRA distributions are technically not “pensions” under all interpretations of the treaty. This is a gray area.
Some CPAs argue they qualify; others say they don’t. Get professional advice specific to your situation.
Timing strategy from our community: Many NRIs who’ve moved back use their RNOR (Resident but Not Ordinarily Resident) status window in India – typically the first 2-3 years after return.
During RNOR, foreign income (including 401(k) withdrawals) is not taxable in India unless it’s received in India. Some members strategically withdraw from their 401(k) during the RNOR period and keep the funds in the US.
The US tax applies, but India doesn’t tax it during RNOR.
Roth IRA distributions: If you meet the 5-year rule and are over 59½, Roth IRA distributions are tax-free in the US.
But India may not recognize Roth’s tax-free status. Again, the RNOR window can help here.
Early withdrawal penalty: The 10% penalty for withdrawals before age 59½ applies to both residents and non-residents.
There are exceptions (disability, substantially equal periodic payments, etc.), but “moving to India” is not one of them.
1099-NEC: Non-Employee Compensation
What it reports: Payments of $600 or more to independent contractors, freelancers, and self-employed individuals for services performed.
Key box:
- Box 1: Non-employee compensation (the total amount paid to you)
When you’ll get one: If a US company paid you $600 or more for freelance or contract work during the year.
Where it goes on your return:
- Form 1040: Schedule C (self-employment income) and Schedule SE (self-employment tax)
- Form 1040-NR: Page 1 as effectively connected income, if services were performed in the US
NRI-specific points:
If you performed work while physically in the US: The income is US-source, regardless of where the payer is or where you’re a resident. It’s taxable in the US.
If you performed work from India for a US client: This gets interesting.
For resident aliens (still on H-1B, green card), it’s taxable on your 1040 regardless of where the work was done.
For non-resident aliens who performed work entirely outside the US, the income is NOT US-source. It shouldn’t be subject to US tax.
However, the US company may still issue you a 1099-NEC. You’d file Form 1040-NR showing the income and claiming it’s non-US-source.
Alternatively, provide the payer with Form W-8BEN to avoid withholding.
Self-employment tax: If you’re a resident alien receiving 1099-NEC income, you owe self-employment tax (15.3% for Social Security and Medicare) in addition to income tax.
This catches many NRIs off guard – they expect to pay income tax but forget about SE tax.
If you’re working remotely from India for US clients, understanding the remote work tax implications is essential.
2026 threshold change: Starting with payments made in 2026 (reported in 2027), the OBBBA raised the 1099-NEC reporting threshold from $600 to $2,000.
For 2025 payments (reported in 2026), the threshold remains $600.
1099-MISC: Miscellaneous Income
What it reports: Various types of income that don’t fit other 1099 forms.
Key boxes for NRIs:
- Box 1: Rents (if paid to you through a property manager or business)
- Box 2: Royalties ($10 or more)
- Box 3: Other income (prizes, awards, legal settlements)
- Box 4: Federal income tax withheld
- Box 6: Medical and healthcare payments
- Box 10: Gross proceeds paid to an attorney
When you’ll get one: Various situations – rental income paid through a manager, royalty income, prize winnings, etc.
Where it goes on your return:
- Rent: Schedule E
- Royalties: Schedule E
- Other income: Schedule 1, Line 8
- Form 1040-NR: Schedule NEC for FDAP income or regular lines for effectively connected income
NRI-specific points:
Rental income (Box 1): If you own US property and collect rent through a property management company, they may issue you a 1099-MISC.
Non-resident aliens have two choices for US rental income:
- FDAP treatment (default): 30% flat tax on gross rent (no deductions allowed). Simple but expensive.
- Election under Section 871(d): Treat rental income as “effectively connected income.” This lets you deduct expenses (mortgage interest, property tax, depreciation, management fees) and pay tax only on the net income at graduated rates. Much better in most cases.
To make this election, you must file a timely Form 1040-NR. Most NRIs with US rental property should make this election.
Royalties (Box 2): Patent royalties, book royalties, etc. For non-residents, usually taxed at 30% or the treaty rate (generally 10-15% under the India-US DTAA for royalties).
2026 threshold change: Same as 1099-NEC – the OBBBA raised the 1099-MISC reporting threshold from $600 to $2,000 starting with 2026 payments.
1099-K: Payment Card and Third-Party Network Transactions
What it reports: Payments received through payment settlement entities – credit card processors, PayPal, Venmo, Stripe, Amazon seller payments, etc.
When you’ll get one: For 2025, if you received more than $20,000 AND had more than 200 transactions through a third-party network. (The OBBBA reinstated this higher threshold, replacing the previously attempted $600 threshold.)
For 2026, the threshold drops to $2,500. From 2027 onward, it drops to $600.
NRI-specific points:
This mainly affects NRIs who:
- Sell on Amazon, eBay, or Etsy
- Receive freelance payments through PayPal or Stripe
- Have US-based side businesses
The 1099-K reports gross payments. It doesn’t account for returns, fees, or expenses. So if you received $25,000 through PayPal but $5,000 was returned and $3,000 was fees, the 1099-K still shows $25,000.
You’ll need to account for the adjustments on your tax return.
If you’ve already moved to India and still receiving payments through US platforms, check whether you’ve updated your W-8BEN information with the platform.
1099-DA: Digital Asset Proceeds (NEW for 2025)
What it reports: Proceeds from selling, exchanging, or transferring digital assets (cryptocurrency, NFTs) through US-based brokers.
This is a brand new form starting with the 2025 tax year.
Key points:
- US-based custodial crypto brokers must now report gross proceeds on Form 1099-DA
- Basis reporting phases in starting January 1, 2026
- Decentralized exchanges are not yet covered
NRI-specific points:
If you held crypto on a US exchange (Coinbase, Kraken, etc.) and sold during 2025, expect a 1099-DA.
For non-resident aliens, crypto gains are treated similarly to stock gains. If you weren’t in the US for 183+ days and the gains aren’t connected to a US business, they’re generally not taxable in the US.
For resident aliens, all crypto gains are taxable – short-term at ordinary rates, long-term at capital gains rates.
1099-G: Government Payments
What it reports: State or local tax refunds, unemployment compensation, certain agricultural payments.
NRI relevance: If you received a state tax refund and you itemized deductions the previous year, part or all of that refund may be taxable.
This mainly matters for NRIs who lived in a state with income tax (California, New York, New Jersey, etc.).
Also reports unemployment benefits, which are fully taxable.
1099-S: Real Estate Proceeds
What it reports: Proceeds from the sale or exchange of real estate.
NRI relevance: If you sold US property, expect this form. The closing agent reports the gross proceeds to the IRS.
For non-resident aliens selling US real property, FIRPTA (Foreign Investment in Real Property Tax Act) applies.
The buyer must withhold 15% of the gross sale price and remit it to the IRS. You may get some of this back as a refund if your actual tax liability is lower than the withholding.
This is a complex area. If you’re selling property – whether in the US or India – get professional guidance.
How 1099 Income Gets Reported on Your Return
Here’s a quick reference for where each 1099 flows on your tax return:
| 1099 Form | Where on Form 1040 | Where on Form 1040-NR |
|---|---|---|
| 1099-INT | Schedule B → Line 2b | Line 2b or Schedule NEC |
| 1099-DIV | Schedule B → Lines 3a/3b | Lines 3a/3b or Schedule NEC |
| 1099-B | Form 8949 → Schedule D → Line 7 | Schedule D or generally not taxable |
| 1099-R | Lines 4a/4b or 5a/5b | Lines 4a/4b or 5a/5b |
| 1099-NEC | Schedule C → Schedule SE → Schedule 1 | Page 1 (if US-source) |
| 1099-MISC (rent) | Schedule E → Schedule 1 | Schedule E (with 871(d) election) or Schedule NEC |
| 1099-K | Schedule C or other | Depends on income type |
| 1099-S | Schedule D or Form 4797 | Schedule D + FIRPTA withholding |
| 1099-G | Schedule 1 or Line 7 | Depends on payment type |
Withholding on 1099 Income for Non-Resident Aliens
This is crucial for NRIs who’ve moved back to India.
When you’re a non-resident alien, US payers must withhold tax on certain types of income. The default rate is 30%, but the India-US DTAA can reduce this.
| Income Type | Default Withholding | Treaty Rate (India-US) |
|---|---|---|
| Dividends | 30% | 15-25% |
| Interest (portfolio) | 30% | 10-15% |
| Royalties | 30% | 10-15% |
| Pensions | 30% | Taxable only in country of residence |
| Independent personal services | 30% (on gross) | Exempt if no fixed base in US |
| Capital gains (stocks) | Usually no withholding | Generally exempt for non-residents |
To claim treaty rates: File Form W-8BEN with each US payer (bank, broker, pension plan, client). Without it, they’ll withhold at 30%.
If too much was withheld: File Form 1040-NR at year-end to claim a refund.
Community experience: Several members moved to India and didn’t update their W-8BEN with their US brokers. The brokers continued withholding at 30%. When they filed 1040-NR, they got refunds of thousands of dollars. Don’t leave money on the table.
If you’re dealing with TDS on various income sources, the principles are similar – just different jurisdictions.
The Year You Move: Dual-Status Filing
The year you change residency status (e.g., move from the US to India mid-year) is the trickiest.
You’re a dual-status taxpayer for that year.
How it works:
- For the part of the year you were a resident alien: You file Form 1040 reporting worldwide income for that period
- For the part of the year you were a non-resident alien: You attach Form 1040-NR as a statement, reporting only US-source income for that period
1099 implications:
- Some 1099s will cover the full year (like 1099-INT for your bank account)
- You’ll need to allocate income between the resident and non-resident portions
- Some income (like capital gains during the non-resident period) may not be taxable
Important limitation: Dual-status returns cannot be e-filed. You must print and mail them.
This is one of the most complex filing situations for NRIs. A cross-border CPA is strongly recommended for the year of departure.
Check our financial checklist for returning NRIs for a complete planning framework.
What If You Don’t Receive a 1099?
A few situations where this happens:
1. Below the reporting threshold
If your bank paid you $8 in interest, they don’t have to issue a 1099-INT ($10 minimum). But you still must report the $8 on your return.
2. Foreign institutions don’t issue 1099s
Your Indian bank won’t send you a 1099-INT for NRE/NRO account interest. If you’re a US tax resident, you self-report this income based on your bank statements.
3. The form was lost or mailed to an old address
Contact the payer. You can also check your IRS account online (irs.gov/account) after mid-February – the IRS has copies of all 1099s filed.
4. Payer made an error
If the amounts on your 1099 are wrong, contact the payer and request a corrected form (marked “CORRECTED”). Don’t just ignore it – the IRS has the wrong number on file.
Bottom line: The absence of a 1099 doesn’t mean the income isn’t taxable. If you earned it, report it.
Common NRI Scenarios with 1099s
Scenario 1: NRI Who Moved to India Mid-2025
Anita left the US in June 2025. She was on H-1B.
1099s she’ll receive:
- 1099-INT from US bank (full-year interest)
- 1099-DIV from Vanguard (full-year dividends)
- 1099-B from Fidelity (sold stocks in April)
- W-2 from employer (wages through June)
Filing: Dual-status return. Allocate income between resident period (Jan-June) and non-resident period (July-December). The stock sale in April is during the resident period – fully taxable. Interest and dividends need to be split.
Scenario 2: Green Card Holder Living in India
Suresh has a green card but lives in Bangalore. He works for an Indian company.
1099s he’ll receive:
- 1099-INT from US savings account
- 1099-DIV from US mutual fund holdings
- 1099-R from 401(k) rollover to IRA (Code G – non-taxable rollover)
Filing: Form 1040 with worldwide income (including Indian salary). Uses Foreign Tax Credit (Form 1116) for Indian taxes paid. Also files FBAR and possibly Form 8938 for Indian accounts.
Until Suresh formally surrenders his green card, he must file 1040 every year.
Scenario 3: Non-Resident Alien Freelancing for US Company From India
Priya lives in Mumbai. She does consulting work for a US tech company. They pay her through wire transfer.
1099 she might receive:
- 1099-NEC (if the company issues one)
Filing: The income was earned entirely outside the US. Under treaty, it’s not taxable in the US if she has no fixed base in the US. She should provide W-8BEN to the company to prevent withholding.
If they withheld anyway, file 1040-NR to claim a refund.
Key point: Many US companies issue 1099-NEC to foreign contractors even though they’re supposed to get Form W-8BEN and not report on 1099.
This is a common payer error. It doesn’t change your tax obligation – but you’ll need to file to reconcile with what the IRS has on record.
Scenario 4: NRI Receiving 401(k) Distributions After Moving to India
Arun is a former H-1B worker, now living in Pune. He’s 62 and withdrawing from his 401(k).
1099 he’ll receive:
- 1099-R with Code 7 (normal distribution), 30% federal tax withheld
Filing: Form 1040-NR. Report the distribution. Claim the India-US treaty position (if applicable) on Form 8833. Calculate actual tax liability.
If 30% withholding was more than actual tax owed, claim refund.
Many community members in this situation find that their actual US tax rate on the distribution is lower than 30%, resulting in substantial refunds.
Key Deadlines for 1099-Related Filing
| What | Deadline |
|---|---|
| 1099 forms mailed to you by payer | January 31, 2026 (most types) |
| 1099-B, 1099-S mailed to you | February 17, 2026 |
| Form 1040 (resident aliens) | April 15, 2026 |
| Form 1040-NR (non-resident aliens with US wages) | April 15, 2026 |
| Form 1040-NR (non-resident aliens without US wages) | June 15, 2026 |
| Extended deadline (with Form 4868) | October 15, 2026 |
If you haven’t received your 1099s by mid-February, contact the payer. You can also use your IRS online account to view what’s been reported.
2025 and 2026 Changes Affecting 1099s
The One Big Beautiful Bill Act (OBBBA), signed July 4, 2025, made several changes:
For 2025 tax year (filed in 2026):
- 1099-NEC threshold remains $600
- 1099-K threshold reinstated at $20,000 AND 200 transactions (the OBBBA reversed the previously planned $600 threshold)
- New Form 1099-DA required for crypto brokers for the first time
For 2026 tax year (filed in 2027):
- 1099-NEC threshold increases from $600 to $2,000
- 1099-MISC threshold increases from $600 to $2,000
- 1099-K threshold drops to $2,500
- These thresholds will be indexed for inflation starting 2027
What this means for NRIs: If you do freelance work for US clients from India earning less than $2,000 starting in 2026, the client won’t be required to issue a 1099-NEC.
But you’re still responsible for reporting the income on your tax return if applicable.
Common Mistakes NRIs Make with 1099 Forms
1. Ignoring 1099s after moving to India
“I’m not in the US anymore, so I don’t need to deal with these.” Wrong. If you’re a US citizen, green card holder, or have US-source income, you still file.
2. Not providing W-8BEN to US payers
Without this form, US institutions withhold at 30% on dividends, interest, and other FDAP income. The treaty rates are much lower. File W-8BEN proactively.
3. Double-counting income
Some NRIs report income on both Form 1040 and separately on their Indian return without claiming proper credits. Use the Foreign Tax Credit to avoid paying tax twice.
4. Confusing 1099-NEC with W-2
If you receive a 1099-NEC, you’re treated as self-employed. You owe self-employment tax (15.3%) in addition to income tax. This is a shock for NRIs who thought they were “just getting paid.”
5. Not reporting foreign income without a 1099
Indian salary, NRE interest, NRO interest, Indian rental income, Indian mutual fund gains – none of these come with a 1099. You must self-report them on your US return if you’re a US tax resident.
6. Filing the wrong form
Using 1040 when you should use 1040-NR (or vice versa) cascades errors throughout the entire return. Determine your residency status first.
7. Missing the FBAR connection
If you’re reporting Indian bank interest on your 1040, you almost certainly need to file an FBAR for those same accounts. Many NRIs report the income correctly but forget the FBAR.
8. Not keeping records of cost basis
1099-B forms sometimes don’t include cost basis (especially for older positions or transferred accounts).
Without basis, the IRS assumes your basis is zero, which means you owe tax on the full sale amount. Keep your own records of purchase prices.
Storing and Organizing Your 1099s
A practical tip from our community.
Create a “Tax Documents” folder (physical or digital) each January.
As 1099s arrive (usually throughout January and February), add them. Cross-reference against:
- Your US bank accounts
- Your US brokerage accounts
- Your US retirement accounts
- Any US-based freelance income
By mid-February, you should have everything. If something’s missing, follow up.
Keep these documents for at least 3 years after filing (the standard IRS audit window). If you have foreign accounts or underreported income exceeding 25%, keep records for 6 years.
Quick FAQ
Q: I’m on an H-1B visa. Will I get 1099s?
You’ll get 1099s for any non-salary income – bank interest, dividends, stock sales. Your salary is reported on a W-2, not a 1099.
Q: I moved to India. Will US institutions still send me 1099s?
Yes, if you still have US accounts. 1099s are sent to whatever address is on file. Update your address with all US financial institutions.
Q: Can I receive a 1099 at an Indian address?
Yes. US institutions can mail 1099s to foreign addresses. Many also offer electronic delivery – check your account settings.
Q: I received a 1099 but the amount seems wrong. What do I do?
Contact the payer immediately and request a corrected 1099. Don’t file your return with incorrect amounts. If the corrected form doesn’t arrive in time, file based on your own records and attach an explanation.
Q: Do I need to report 1099 income on my Indian tax return too?
If you’re an Indian tax resident, you must report worldwide income in India.
The income reported on US 1099s (if US-source) would also need to be reported in India, with credit for US taxes paid under the DTAA. Your ITR filing in India should account for this.
Q: I’m a non-resident alien. Should I still keep my US brokerage account?
You can, but check with your broker. Some US brokerages restrict non-resident alien accounts. Others are fine with it.
You’ll need to update your W-8BEN and ensure proper withholding.
Q: What about Social Security tax on 1099-NEC income?
If you receive 1099-NEC income and are a US tax resident, you pay self-employment tax (which includes Social Security and Medicare).
If you’re a non-resident alien performing services outside the US, generally no SE tax applies.
Q: I got a 1099-R for rolling my 401(k) to an IRA. Is that taxable?
No. A rollover (Code G on the 1099-R) is not a taxable event.
But it IS reportable. You’ll show the gross amount on your return and then show the taxable amount as zero.
Key Resources
- IRS Guide to Information Returns (all 1099 types): irs.gov/instructions/i1099gi
- Publication 519 (US Tax Guide for Aliens): irs.gov/pub/irs-pdf/p519.pdf
- Form W-8BEN: irs.gov/forms-pubs/about-form-w-8-ben
- 1040-NR Instructions: irs.gov/pub/irs-pdf/i1040nr.pdf
- IRS Online Account (view your 1099s): irs.gov/account
Disclaimer: This guide is for informational purposes only and does not constitute tax, legal, or financial advice. US tax law is complex and individual situations vary. Always consult a qualified tax professional – particularly a cross-border CPA familiar with US-India taxation – for advice specific to your situation. Information is current as of early 2026 and subject to change.
If you’re planning your move back to India and need help navigating cross-border taxes, finances, and logistics, join our WhatsApp community at https://backtoindia.com/groups – 20,000+ NRIs helping each other with real, lived experience. It’s free and volunteer-run.
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