home *** CD-ROM | disk | FTP | other *** search
- @066 CHAP ZZ
-
- ┌──────────────────────────────────────────────┐
- │ SELF-EMPLOYMENT TAX ON BUSINESS INCOME │
- └──────────────────────────────────────────────┘
-
- The self-employment tax is a very painful and onerous tax
- on individuals who earn income from self-employment (we
- speak from personal experience). As though one were not
- already afflicted with federal income taxes (and state
- income taxes in many states) and other business taxes too
- numerous to mention, the self-employment tax takes another
- 15.3% (1995 and 1996 rate) of your income, right off the top,
- and only half of it is deductible for income tax purposes.
- @IF120xx]Since your business is not incorporated, it is quite likely
- @IF120xx]that you will be subject to self-employment tax on your
- @IF120xx]income from your business, @NAME.
-
- That is painful enough; in addition, only your business
- deductions plus an amount equal to the S/E tax on half of
- your S/E income are allowable in reducing the self-employment
- income that is actually subject to this broad tax. All those
- handy deductible items we all use to reduce our income tax,
- like home mortgage interest, real estate taxes, state income
- tax, Keogh plan or IRA deductions, etc. are of no benefit
- whatsoever in reducing the bite of the self-employment tax.
-
- @IF121xx]NOTE REGARDING @NAME:
- @IF121xx]-----------------------------------------------------------
- @IF121xx]Because your business is incorporated, you need not be too
- @IF121xx]concerned with the self-employment tax, unless you receive
- @IF121xx]other non-wage (earned) income in an individual capacity,
- @IF121xx]such as director's fees for serving on your corporation's
- @IF121xx]board of directors.
- @IF121xx]-----------------------------------------------------------
- @IF121xx]
- The self-employment tax is the non-employee portion of the
- Social Security tax-raising system. It is what we pay now
- as self-employed persons (in lieu of the FICA taxes paid
- by employees--and their employers) in order to earn Social
- Security benefits at some distant date in the future, when
- we retire--by which time our politicians will have surely
- squandered every last $billion of the temporary surpluses
- the Social Security fund is supposed to generate for the
- next 15 or 20 years, leaving nothing but IOU's for us in
- our nation's busted piggy bank.
-
- Perhaps the only good thing to be said for this tax is that
- the full 15.3% tax only applies to the first $62,700 in 1996
- (or $61,200 in 1995) of one's self-employment income. Only
- the Medicare portion of the tax (2.9% rate) applies to
- income above the $62,700 amount (or $61,200 amount in 1995),
- of self-employment income in 1996 (with NO UPPER LIMIT in
- 1995 or 1996).
-
- Note that for some kinds of businesses, such as rentals,
- there is no self-employment tax, so that there can be a
- considerable advantage in operating those types of businesses
- as sole proprietorships or partnerships, rather than as
- corporations. (Any wages you pay yourself as a corporate
- employee are subject to FICA tax, regardless of the source
- of the corporation's earnings used to pay you such wage or
- salary.) Interest income is also exempt from the S/E tax.
- @IF159xx]Your firm is engaged in @BUSTYPE, so you most
- @IF159xx]likely aren't subject to self-employment tax on any earnings
- @IF159xx]that are generated by @NAME.
- @IF159xx]
- @IF159xx](Regardless of whether or not the business is incorporated.)
- @IF159xx]
- @IF159xx](@NAME is a @ENTITY.)
-
- Note, also, that although general partners in a partnership
- are usually subject to self-employment tax on their
- distributive share of the partnership's self-employment
- earnings, limited partners in a limited partnership are
- not. (Internal Revenue Code Section 1402(a)(13).) However,
- if limited partners serve the partnership in some capacity,
- for which they receive so-called "guaranteed payments"
- (similar to a salary), such guaranteed payments for services
- are considered self-employment earnings.
-
- A similar set of rules will apparently apply to a limited
- liability company ("LLC") that is treated as a partnership
- for tax purposes. However, since there are no "general
- partners" or "limited partners" in an LLC (all "members" of
- an LLC may work in the business and still have limited
- liability), new Proposed Regulations Sec. 1.1402(a)-18(b)
- of the IRS provide that some LLC members may be treated
- like limited partners, and thus will not subject to the
- self-employment tax on their share of LLC profits. Under
- state LLC laws in some states, an LLC can or must designate
- certain members as managers of the enterprise. In such
- states, the new proposed regulation says that the NON-manager
- members will be treated as limited partners for
- self-employment tax purposes, while the designated managers
- will be treated like the general partners. This "limited
- partner"-like exemption will only be available if the LLC
- could have been formed as a limited partnership under the
- state's law, and if the member could have qualified under
- the applicable local law as a limited partner.
-
- ┌─────────────────────────────────────────────────┐
- │ Even if a non-managing member of an LLC can │
- │ meet all these tests, this exemption from │
- │ self-employment taxation on LLC income will not │
- │ apply till the first tax year after the above │
- │ PROPOSED regulation is published as a final │
- │ regulation in the Federal Register. │
- └─────────────────────────────────────────────────┘
-
- There is no separate tax return for paying self-employment
- tax. You simply compute the tax on Schedule SE and attach
- it to your federal individual income tax form (Form 1040).
- The S/E tax is added to your income tax on the Form 1040,
- and must be figured into your estimated tax payments as
- though it were income tax, in order to avoid penalties for
- underpayment of your estimated tax.
-
- WARNING TO SELF-EMPLOYED INDIVIDUALS:
-
- The IRS has recently initiated a scary program to catch
- self-employed persons who report one income number to the
- IRS and a different (usually higher) number to a mortgage
- lender when applying for a mortgage loan. Under this new
- program, the mortgage company simply fills out a short form
- giving your name, social security number, and adjusted
- gross income on your return that you have submitted to the
- lender as proof of your income level. The lender faxes the
- form to the IRS and receives a response verifying the income
- level in 48 hours.... Or not. If there is a discrepancy,
- you not only will face problems getting your mortgage loan,
- but will be inviting an IRS audit. According to IRS
- officials, initial results of this program (being tested
- only in California initially) show discrepancies in about 13%
- of cases. BOTTOM LINE: If you are submitting a mortgage
- loan application, don't submit a phony or "doctored" copy
- of your tax return to the lender!