533-Who Must Pay Self-Employment Tax?

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SE tax: Who must pay

Who Must Pay
Self-Employment Tax?

You must pay SE tax and file Schedule SE (Form 1040) if either of the following applies.

Your net earnings from self-employment (excluding church employee income ) were $400 or more.
You had church employee income of $108.28 or more. See Church employee, later.

Your net earnings from self-employment are based on your earnings subject to SE tax. Most earnings from self-employment are subject to SE tax. Some earnings from employment (certain earnings that are not subject to social security and Medicare taxes) are subject to SE tax. This section provides information to help you determine whether you have earnings subject to SE tax.

If you have earnings subject to SE tax, use Schedule SE to figure your net earnings from self-employment. Before you figure your net earnings, you generally need to figure your total earnings subject to SE tax. For more information, see Figuring Earnings Subject to Self-Employment Tax and Methods for Figuring Net Earnings, later.

Caution:

The SE tax rules apply no matter how old you are and even if you are already getting social security or Medicare benefits.

Aliens.

Resident aliens are generally subject to the same rules that apply to U.S. citizens. Nonresident aliens are not subject to SE tax. Residents of the Virgin Islands, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa, however, are subject to the tax. For SE tax purposes, they are not nonresident aliens. For more information on aliens see Publication 519, U.S. Tax Guide for Aliens.

Church employee

Church employee.

If you work for a church or a qualified church-controlled organization (other than as a minister or member of a religious order) that elected an exemption from social security and Medicare taxes, you are subject to SE tax if you receive $108.28 or more in wages from the church or organization.

However, you may qualify for an exemption from the SE tax if you are a member of a recognized religious group. See Member of Recognized Religious Group, later.

Government employee: Local
Government employee: State

State or local government employee.

You are subject to SE tax if you are an employee of a state or local government, are paid solely on a fee basis, and your services are not covered under a federal-state social security agreement.

Government employee: Foreign
International organization employee

Foreign government or international organization employee.

You are subject to SE tax if both the following conditions are true.

You are a U.S. citizen employed in the United States, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands by:
1. A foreign government,
2. A wholly-owned instrumentality of a foreign government, or
3. An international organization.
Your employer is not required to withhold social security and Medicare taxes from your wages.

U.S. citizen or resident alien residing abroad.

If you are a self-employed U.S. citizen or resident alien living outside the United States, in most cases you must pay SE tax. Do not reduce your foreign earnings from self-employment by your foreign earned income exclusion.

Exception.

The United States has social security agreements with many countries to eliminate double taxation under two social security systems. (See Table 1.) Under these agreements, you must generally only pay social security and Medicare taxes to the country you live in. The country to which you must pay the tax will issue a certificate which serves as proof of exemption from social security tax in the other country.

Table 1. Countries With Social Security Agreements

The following countries have social security agreements with the United States.

Austria
Belgium
Canada
Finland
France
Germany
Greece
Ireland
Italy

Luxembourg
The Netherlands
Norway
Portugal
South Korea
Spain
Sweden
Switzerland
The United Kingdom

More information.

For more information, contact the social security agency of the country in which you are living, visit the United States Social Security Administration web site at www.ssa.gov/international, or write to:

Social Security Administration
Office of International Programs
P.O. Box 17741
Baltimore, MD 21235–7741

Are You Self-Employed?

You are self-employed if any of the following apply to you.

You carry on a trade or business as a sole proprietor or an independent contractor.
You are a member of a partnership that carries on a trade or business.
You are otherwise in business for yourself.

Business, defined
Trade, defined

Trade or business.

A trade or business is generally an activity carried on for a livelihood or in good faith to make a profit. The facts and circumstances of each case determine whether or not an activity is a trade or business. The regularity of activities and transactions and the production of income are important elements. You do not need to actually make a profit to be in a trade or business as long as you have a profit motive. You do need, however, to make ongoing efforts to further the interests of your business.

Part-time business.

You do not have to carry on regular full-time business activities to be self-employed. Having a part-time business in addition to your regular job or business may also be self-employment.

Example. You are employed full time as an engineer at the local plant. You fix televisions and radios during the weekends. You have your own shop, equipment, and tools. You get your customers from advertising and word-of-mouth. You are self-employed as the owner of a part-time repair shop.

Sole proprietor.

You are a sole proprietor if you own an unincorporated business by yourself.

Contractor, independent

Independent contractor

Independent contractor.

People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these people are independent contractors or employees 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 what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to SE tax.

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). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.

If an employer-employee relationship exists (regardless of what the relationship is called), you are not an independent contractor and your earnings are generally not subject to SE tax. However, your earnings as an employee may be subject to SE tax under other rules discussed in this section.

For more information on determining whether you are an independent contractor or an employee, see Publication 15–A.

Guidelines for Selected Occupations

This section provides information to help you determine whether your earnings from one of the following occupations are subject to SE tax.

Retired or former insurance agent.
Fishing crew member.
Newspaper carrier or distributor.
Newspaper or magazine vendor.
Notary public.
Public official.
Real estate agent or direct seller.
Dealer in securities.
Executor or administrator.
Minister, Christian Science practitioner, or member of religious order.
Member of recognized religious group.
Trader in securities.

Insurance agent:
Insurance agent: Retired
Retired insurance agent

Retired Insurance Agent

Income paid by an insurance company to a retired self-employed insurance agent based on a percentage of commissions received before retirement is subject to SE tax. Also, renewal commissions and deferred commissions for sales made before retirement are generally subject to SE tax.

However, renewal commissions paid to the survivor of an insurance agent are not subject to SE tax.

Insurance agent: Former

Former Insurance Agent

Termination payments you receive as a former self-employed insurance agent from an insurance company because of services you performed for that company are exempt from SE tax if all the following conditions are met.

You received payments after your agreement to perform services for the company ended.
You did not perform any services for the company after your service agreement ended and before the end of the year in which you received the payment.
You entered into a covenant not to compete against the company for at least a 1-year period beginning on the date your service agreement ended.
The amount of the payments depended primarily on policies sold by or credited to your account during the last year of your service agreement or the extent to which those policies remain in force for some period after your service agreement ended, or both.
The amount of the payment did not depend to any extent on length of service or overall earnings from services performed for the company (regardless of whether eligibility for the payments depended on length of service).

Fishing crew member

Fishing Crew Member

If you are a member of the crew on a boat that catches fish or other water life, your earnings are subject to SE tax if all the following conditions apply.

You do not get any pay for the work except your share of the catch or a share of the proceeds from the sale of the catch, unless the pay meets all the following conditions.
1. The pay is not more than $100 per trip.
2. The pay is received only if there is a minimum catch.
3. The pay is solely for additional duties (such as those as mate, engineer, or cook) for which additional cash pay is traditional in the fishing industry.
You get a share of the catch or a share of the proceeds from the sale of the catch.
Your share depends on the amount of the catch.
The boat's operating crew normally numbers fewer than 10 individuals. (An operating crew is considered as normally made up of fewer than 10 if the average size of the crew on trips made during the last four calendar quarters is fewer than 10.)

You are not subject to SE tax if you are under age 18 and you are working for your father or mother.

For more information about commercial fishing, see Publication 595.

Newspaper:
Newspaper:   Carrier
Newspaper:   Deliverer
Newspaper:   Distributor

Newspaper Carrier or Distributor

You are a direct seller and your earnings are subject to SE tax if all the following conditions apply.

You are in the business of delivering or distributing newspapers or shopping news (including directly related services such as soliciting customers and collecting receipts).
Substantially all your pay for these services directly relates to your sales or other output rather than to the number of hours you work.
You perform the services under a written contract that says you will not be treated as an employee for federal tax purposes.

This rule applies whether or not you hire others to help you make deliveries. It also applies whether you buy the papers from the publisher or are paid based on the number of papers you deliver.

For more information about direct sellers, see Publication 911.

Magazine vendor

Newspaper or Magazine Vendor

If you are 18 or older and you sell newspapers or magazines, your earnings are subject to SE tax if all the following conditions apply.

You sell newspapers or magazines to ultimate consumers.
You sell them at a fixed price.
Your earnings are based on the difference between the sales price and your cost of goods sold.

This rule applies whether or not you are guaranteed a minimum amount of earnings. It also applies whether or not you receive credit for unsold newspapers or magazines you return to your supplier.

Notary public

Notary Public

Fees you receive for services you perform as a notary public are not subject to SE tax.

Public official

Public Official

Public officials generally are not subject to SE tax on what they earn for serving in public office. This rule applies to payments received by an elected tax collector from state funds on the basis of a fixed percentage of the taxes collected. Public office includes any elective or appointive office of the United States or its possessions, the District of Columbia, a state or its political subdivisions, or a wholly owned instrumentality of any of these.

Exception.

Public officials of state or local governments are subject to SE tax on their fees if they are paid solely on a fee basis and if their services are eligible for, but not covered by, social security under a federal-state agreement.

Direct seller
Real estate: Agent

Real Estate Agent or Direct Seller

If you are a licensed real estate agent or a direct seller, your earnings may be subject to SE tax if both the following apply.

Substantially all your pay for services as a real estate agent or direct seller directly relates to your sales or other output rather than to the number of hours you work.
You perform the services under a written contract that says you will not be treated as an employee for federal tax purposes.

For more information about direct sellers, see Publication 911.

Commodities, dealer in
Dealer: Securities
Options, dealer in

Dealer in Securities

If you are a dealer in options or commodities, your gains and losses from dealing or trading in section 1256 contracts (regulated futures contracts, foreign currency contracts, nonequity options, and dealer equity options) or property related to those contracts (such as stock used to hedge options) are subject to SE tax. For more information, see sections 1256 and 1402(i) of the Internal Revenue Code.

Administrator
Executor

Form: 1040

Executor or Administrator

If you administer a deceased person's estate, your fees are subject to SE tax if you are one of the following.

A professional fiduciary.
A nonprofessional fiduciary (personal representative) and both of the following conditions apply.
1. The estate includes an active trade or business in which you actively participate.
2. Your fees are related to the operation of that trade or business.
A nonprofessional fiduciary of a single estate that requires extensive managerial activities on your part for a long period of time, provided these activities are enough to be considered a trade or business.

Report fees that are subject to SE tax on Schedule C or C–EZ (Form 1040). If the fees are not subject to SE tax, report them on line 21 of Form 1040.

Christian Science practitioner

Form: 4361

Member of religious order

Minister

Minister, Christian Science Practitioner,
or Member of Religious Order

You generally are subject to SE tax on earnings for services you perform as a minister, Christian Science practitioner, or member of a religious order who has not taken a vow of poverty. But you can get an exemption from SE tax on certain earnings by filing Form 4361.

For more information, see Publication 517.

Form: 2031

Revocation of exemption from SE tax.

If you previously elected the exemption from social security coverage and SE tax, you have until April 15, 2002, to revoke this exemption by filing Form 2031 with the IRS. This period is extended beyond April 15, 2002, if you get an extension to file your 2001 return. The revocation will be effective for the year the revocation was made (2000 or 2001) and for all later years. You will be covered under the social security system and your earnings will be subject to SE tax during those years. Once you revoke the exemption, you can never again elect an exemption from SE tax and social security coverage.

Member of religious order who has taken a vow of poverty.

If you belong to a religious order and took a vow of poverty, you are not subject to SE tax on your earnings for performing duties required by the order.

Form: 4029
Religious group, member of

Member of Recognized
Religious Group

If you belong to a recognized religious group opposed to insurance, you may qualify for an exemption from the SE tax. To qualify, you must be conscientiously opposed to accepting the benefits of any public or private insurance that makes payments because of death, disability, old age, retirement, or medical care, or that provides services for medical care. If you buy a retirement annuity from an insurance company, you will not be eligible for this exemption. Religious opposition based on group teachings is the only legal basis for the exemption. In addition, your religious group (or division) must have existed since December 31, 1950.

To get the exemption, you must file in triplicate Form 4029 and waive all social security benefits.

Day trader(SeeTrader in securities)
Trader in securities

Trader in Securities

You are a trader in securities if you are engaged in the business of buying and selling securities for your own account. As a trader in securities, your gain or loss from the disposition of securities is not subject to SE tax. However, see Dealer in Securities, earlier, for an exception that applies to section 1256 contracts. For more information about traders in securities, see Publication 550, Investment Income and Expenses.