TaxTalk: What Types of Income are Subject to SE Tax?
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Different types of income can be SE income.
The source of your income and your involvement in the activity from which
your income is received will determine whether it is SE income.
Gains and losses. A gain or loss
from the disposition of property that is neither stock in trade nor held
primarily for sale to customers is not included when figuring SE income.
It does not matter whether the disposition is a sale, exchange, or an
involuntary conversion. For example, gains or losses from the disposition
of the following types of property are not included in self employment
income:
- Investment property.
- Depreciable property or other fixed
assets used in your trade or business.
- Livestock held for draft, dairy,
breeding, or sporting purposes and not held primarily for sale,
regardless of how long the livestock were held or whether they were
raised or purchased.
- Standing crops sold with land held more
than one year.
- Timber, coal, or iron ore held for more
than one year, if an economic interest was retained, such as a right
to receive coal royalties.
A gain or loss from the cutting of timber
is not included if the cutting is treated as a sale or exchange.
Dividends. Dividends on securities
are not SE income unless you are a dealer in securities.
Independent contractor. People such
as lawyers, contractors, subcontractors, public stenographers,
auctioneers, etc., who follow an independent trade, business, or
profession in which they offer their services to the general public are
generally not employees. However, whether such people are employees or
independent contractors depends on the facts in each case. The general
rule is that an individual is an independent contractor if the payer has
the right to control or direct only the result of the work and not the
means and methods of accomplishing the result. Income earned by an
independent contractor is SE income.
You are not an independent contractor if
you perform services that can be controlled by an employer (what will be
done and how it will be done). If an employer-employee relationship exists
(no matter what the relationship is called), you are not an independent
contractor.
For more information in determining whether
you are an independent contractor or an employee, get Publication 15-A.
Interest. Interest is not SE income
unless you receive it in your trade or business. This includes interest on
accounts receivable or from bonds, notes, etc., if you are a dealer in
stocks or securities.
Newspaper carriers. The wages
newspaper carriers receive for delivering newspapers or shopping news to
customers is not SE income. If the carriers are 18 or over, the wages are
subject to withholding for social security and Medicare taxes (FICA
taxes).
However, if a carrier is 18 or over and
works under an arrangement in which the carrier's pay is the difference
between a fixed sales price and the cost of the newspapers to the carrier,
the income is SE income.
Newspaper vendors. The income newspaper vendors receive for selling
newspapers or magazines directly to customers for a profit is not SE
income if the vendor is under age 18. However, if the vendor is 18 or
over, the income is SE income.
Notary public. Fees received for
services performed as a notary public are not subject to SE tax.
Part-time business. Income from an
activity you carry on part-time is SE income. For example, in your spare
time you fix televisions and radios. You have your own shop, equipment,
and tools. You get your customers from advertising and word-of-mouth. The
income you earn from your repair shop is SE income.
Real estate agents and direct sellers.
Income received by a licensed real estate agent or a direct seller may be
SE income. A licensed agent or direct seller generally is treated as
self-employed if:
- Substantially all remuneration paid for
services as a real estate agent or direct seller is directly related
to sales or other output rather than hours worked, and
- The services are performed under a
written contract that provides that the agent or seller will not be
treated as an employee for federal tax purposes.
For more information, see Publication 15-A
and Publication 911.
Real estate rent. Rent from real
estate and personal property leased with real estate is not SE income.
However, if you receive rent as a real estate dealer, include the rental
income and related deductions in figuring SE income.
Hotels, apartments, etc. Rents
received for the use or occupancy of hotels, boarding houses, or apartment
houses are not rentals from real estate if services are provided for the
occupants. These rental payments are included in figuring net income from
self-employment. Services generally are provided for the occupants if they
are primarily for their convenience and not services normally provided
with the rental of rooms for occupancy only. Maid service, for example, is
a service provided for the convenience of the occupants. However, heat and
light, the cleaning of stairways and lobbies, and the collection of trash
are not services primarily for the occupants' convenience.
Trailer park owners. Rent received
by trailer park owners who provide trailer lots, facilities, and services
is rent from real estate. It is not included in SE income unless the
services provided by the owners are substantial and for the convenience of
tenants. Providing services, such as city sewerage, electrical
connections, and roadways, are services required to maintain space for
tenant occupancy and not services for the convenience of tenants. Although
the operation and maintenance of a trailer park laundry facility is a
service provided for the convenience of tenants, it is not, by itself,
substantial.
If, however, the owners provide services
for tenants that are beyond those required for occupancy and are
substantial in nature, the owner's earnings are included in SE income.
Services for tenants that are beyond those required for occupancy include
supervising and maintaining a recreational hall provided by the park;
distributing a monthly newsletter to tenants; operating a laundry
facility; and helping tenants buy or sell their trailers.
Research grants. If you receive
payments under a research grant from a governmental foundation but you are
not under the control of either the grantor foundation or the grantee
institution, you are an independent contractor. The payments you receive
are SE income.
Retired insurance agents. The income
paid by insurance companies to retired insurance agents that is based on a
percentage of commissions received prior to retirement is SE income. Also,
the income for renewal and deferred commissions for sales made prior to
retirement is SE income.
However, renewal commissions paid to the
survivor of an insurance agent is not SE income.
Sole proprietor. If you own and
operate your own business as a sole proprietor, the income from your
business is SE income. If your spouse works with you in your business, see
Partners, later.
U.S. possession self-employment income.
SE income from activities in a U.S. possession is subject to SE tax, even
if your possession income is exempt from U.S. income tax.
Form to file. If you are required to
file Form 1040, report all of your SE income on Schedule SE.
Wages, salaries, and tips. Wages
received for services performed as an employee and covered by social
security are not SE income. Tips received for work done as an employee are
also excluded from SE income.
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