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Taxmap/pubs/p533-002.htm#TXMP7b31385b Figuring Earnings Subject   to Self-Employment Tax

SE tax

Taxmap/pubs/p533-002.htm#TXMP06b2cfde Sole proprietor or independent contractor.

If you are self-employed as a sole proprietor or independent contractor (see Are You Self-Employed, earlier), use Schedule C or C-EZ (Form 1040) to figure your earnings subject to SE tax. For information about figuring earnings on Schedule C or C-EZ, see Publication 334. Commercial fishermen should also see Publication 595. Direct sellers should see Publication 911.

Taxmap/pubs/p533-002.htm#TXMP3483df9e Farmer.

If you are self-employed as a farmer, use Schedule F (Form 1040) to figure your earnings subject to SE tax. For information about figuring earnings on Schedule F, see Publication 225.

Taxmap/pubs/p533-002.htm#TXMP5d1e8c1b Partner.

If you are self-employed as a member of a partnership, use information from your Schedule K-1 (Form 1065) or (Form 1065-B) to figure your earnings subject to SE tax. For more information, see Partnership Income or Loss, later.

Taxmap/pubs/p533-002.htm#TXMP481cba60 Church employee.

If you are a church employee who must pay SE tax (see Who Must Pay Self-Employment Tax, earlier), use information from your Form W-2 to figure your earnings subject to SE tax. For more information, see the Schedule SE instructions.

Taxmap/pubs/p533-002.htm#TXMP4ba476c0 Minister, Christian Science practitioner, or member of religious order.

If you are a minister, Christian Science practitioner, or member of a religious order who must pay SE tax (see Minister, Christian Science Practitioner, or Member of Religious Order, earlier), see Publication 517 for information about figuring your earnings subject to SE tax.

Taxmap/pubs/p533-002.htm#TXMP6f3da34a More Than One Business

Business, More Than One

If you have earnings subject to SE tax from more than one trade, business, or profession, you must combine the net profit (or loss) from each to determine your total earnings subject to SE tax. A loss from one business reduces your profit from another business.

Taxmap/pubs/p533-002.htm#TXMP16b88699 Community Income

Community Income

If any of the income from a trade or business, other than a partnership, is community income under state law, it is included in the earnings subject to SE tax of the spouse carrying on the trade or business.

Taxmap/pubs/p533-002.htm#TXMP0fcf5e2e Gain or Loss

Sale of Property, Gain or Loss

Do not include in earnings subject to SE tax a gain or loss from the disposition of property that is neither stock in trade nor held primarily for sale to customers. 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 earnings subject to SE tax.

• Investment property.
• Depreciable property or other fixed assets used in your trade or business.
• Livestock held for draft, breeding, sport, or dairy purposes, and not held primarily for sale, regardless of how long the livestock were held or whether they were raised or purchased.
• Unharvested 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 in earnings subject to SE tax if the cutting is treated as a sale or exchange. For more information on electing to treat the cutting of timber as a sale or exchange, see Timber in chapter 2 of Publication 544, Sales and Other Dispositions of Assets.

Taxmap/pubs/p533-002.htm#TXMP6e9bf49a Lost Income Payments

Lost Income Payments

If you are self-employed and reduce or stop your business activities, any payment you receive from insurance or other sources for the lost business income is included in earnings subject to SE tax. If you are not working when you receive the payment, it still relates to your business and is included in earnings subject to SE tax, even though your business is temporarily inactive.

If there is a connection between any payment you receive and your trade or business, the payment is included in earnings subject to SE tax. A connection exists if it is clear the payment would not have been made but for your conduct of the trade or business.

Taxmap/pubs/p533-002.htm#TXMP6d771102 Partnership Income or Loss

Partnership Income or Loss

If you are a member of a partnership that carries on a trade or business, the partnership should report your earnings subject to SE tax in box 14, code A, of your Schedule K-1 (Form 1065) or in box 9 of your Schedule K-1 (Form 1065-B).

If you are a general partner, you may need to reduce these reported earnings by amounts you claim as a section 179 deduction, unreimbursed partnership expenses, or depletion on oil and gas properties.

If the amount reported is a loss, include only the deductible amount when you figure your total earnings subject to SE tax.

For more information, see the Partner's Instructions for Schedule K-1. For general information on partnerships, see Publication 541.

Taxmap/pubs/p533-002.htm#TXMP72a2d900 Limited partner.

If you are a limited partner, your partnership earnings are generally not subject to SE tax. However, guaranteed payments you receive for services you perform for the partnership are subject to SE tax and should be reported to you in box 14, code A, of your Schedule K-1 (Form 1065) or in box 9 of your Schedule K-1 (Form 1065-B).

Taxmap/pubs/p533-002.htm#TXMP29d421e3 Retired partner.

If you are a retired partner, retirement income you receive from the partnership under a written plan is not subject to SE tax if all the following apply.

• You receive lifelong periodic payments.
• Your share of the partnership capital was fully paid to you.
• You did not perform any services for the partnership during the year.
• You are owed nothing but the retirement payments by the partnership.

Taxmap/pubs/p533-002.htm#TXMP49a80d13 Husband and wife partners.

You and your spouse may operate a business as a partnership. If you and your spouse operate a business as partners, report business income and expenses on Form 1065, U.S. Return of Partnership Income, and attach separate Schedules K-1 showing each partner's share of the earnings. Each spouse must report his or her share of partnership earnings on Form 1040 and file a separate Schedule SE (Form 1040) to report SE tax.

However, if your spouse is your employee, not your partner, you must withhold and pay social security and Medicare taxes for him or her. For more information about employment taxes, see Publication 15.

Taxmap/pubs/p533-002.htm#TXMP0bf1a32e Investment club partner.

If you are a member of an investment club partnership, your share of the club's earnings is not included in earnings subject to SE tax if the club limits its activities to the following activities.

• Investing in savings certificates, stock, or securities.
• Collecting interest or dividends for its members' accounts.

Taxmap/pubs/p533-002.htm#TXMP45004198 Community income from a partnership.

If you are a partner and your distributive share of any income or loss from a trade or business carried on by the partnership is community income, treat your share as your earnings subject to SE tax. Do not treat any of your share as earnings of your spouse.

Taxmap/pubs/p533-002.htm#TXMP7041b084 Different tax years.

If your tax year is not the same as your partnership's, report your share of partnership income (or loss) on your return for the year that includes the end of the partnership tax year.

Taxmap/pubs/p533-002.htm#TXMP3b0b6d7d
Example.

You file your return on a calendar year basis, but your partnership uses the fiscal year ending January 31. You must include on your return for calendar year 2004 your partnership earnings subject to SE tax for the fiscal year ending January 31, 2004.

Taxmap/pubs/p533-002.htm#TXMP28f7a29a Death of a partner.

When a partner dies, his or her partnership earnings subject to SE tax are figured through the end of the month in which the death occurs. This is true even though the decedent's estate or heirs may succeed to rights in the partnership. The partnership earnings subject to SE tax for the year are treated as though they were earned in equal amounts each month.

Taxmap/pubs/p533-002.htm#TXMP74b18c79
Example.

ABC Partnership operates a business. Its tax year ends on December 31. A partner dies on August 18. The deceased partner's (and his or her estate's) partnership earnings subject to SE tax for the year of death are $12,000. That partner's SE income from the partnership is $8,000 (8/12 × $12,000).

Taxmap/pubs/p533-002.htm#TXMP1ebe3a47 Corporate Director, Employee,   or Shareholder

Corporate Director, Employee, or Shareholder

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

• A corporate director.
• A corporate employee or officer.
• A shareholder or officer of an S corporation.

Taxmap/pubs/p533-002.htm#TXMP39ec712e Corporate director.

Fees you receive for performing services as a director of a corporation are subject to SE tax. It does not matter whether the fees are for going to directors' meetings or for serving on committees.

Taxmap/pubs/p533-002.htm#TXMP12dcf8cf Corporate employee or officer.

Even if you own most or all of the stock of a corporation, your income as an employee or officer of the corporation is not subject to SE tax.

Taxmap/pubs/p533-002.htm#TXMP036ef5b7 S corporation shareholder and officer.

If you are a shareholder in an S corporation, your share of the corporation's earnings are not subject to SE tax, even though you include them in your gross income for income tax purposes.

If you are an officer of an S corporation and perform substantial services, you are an employee of the S corporation. Your payment for services is subject to withholding of social security and Medicare taxes and is not subject to SE tax, regardless of what the S corporation calls the payments.

Taxmap/pubs/p533-002.htm#TXMP148685fa Real Estate Rent

Real Estate Rent

Rental income from real estate and personal property leased with real estate is not included in earnings subject to SE tax unless either of the following applies to you.

• You are a real estate dealer.
• You provide services for your tenants.

Taxmap/pubs/p533-002.htm#TXMP642b8586 Real estate dealer.

You are a real estate dealer if you are engaged in the business of selling real estate to customers with the purpose of making a profit from those sales. Rent you receive from real estate held for sale to customers is subject to SE tax. However, rent you receive from real estate held for speculation or investment is not subject to SE tax.

Taxmap/pubs/p533-002.htm#TXMP67191793 Trailer park owner.

Rental income from a trailer park is subject to SE tax if you are a self-employed trailer park owner who provides trailer lots and facilities and substantial services for the convenience of your tenants.

You generally are considered to provide substantial services for tenants if they are primarily for the tenants' convenience and normally are not provided to maintain the lots in a condition for occupancy. Services are substantial if the compensation for the services makes up a material part of the tenants' rental payments.

Examples of services that are not normally provided for the tenants' convenience 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.

Examples of services that are normally provided to maintain the lots in a condition for tenant occupancy include city sewerage, electrical connections, and roadways.

Taxmap/pubs/p533-002.htm#TXMP1eb793cc Hotels, boarding houses, and apartments.

Rental income you receive for the use or occupancy of hotels, boarding houses, or apartment houses is subject to SE tax if you provide services for the occupants.

Generally, you are considered to provide services for the occupants if the services are primarily for their convenience and are not services normally provided with the rental of rooms for occupancy only. An example of a service that is not normally provided for the convenience of the occupants is maid service. However, providing heat and light, cleaning stairways and lobbies, and collecting trash are services normally provided for the occupants' convenience.

Taxmap/pubs/p533-002.htm#TXMP5ec22ebb U.S. Possession Self-Employment Income

U.S. Possession Self-Employment Income

If you have income from self-employment in a U.S. possession, include it in earnings subject to SE tax even if your U.S. possession income is exempt from U.S. income tax.

Taxmap/pubs/p533-002.htm#TXMP3ad12f26 Places treated as U.S. possessions.

The following places are treated as U.S. possessions.

• American Samoa
• The Commonwealth of  
  the Northern Mariana Islands
• Guam
• Puerto Rico
• The Virgin Islands

Taxmap/pubs/p533-002.htm#TXMP026a3b54 Form to file.

Use the following table to select the appropriate form to file to report your earnings subject to SE tax.

Table 2. Form To File

IF you ...	THEN you ...
Must file Form 1040	Report all of your earnings subject to SE tax on Schedule SE. This applies even if your possession income is not otherwise reported on Form 1040.
Do not have to file Form 1040	Use Form 1040-SS to report your earnings.
Are a resident of Puerto Rico	Can file Form 1040-PR instead of Form 1040-SS.

Taxmap/pubs/p533-002.htm#TXMP00d6aebe More information.

For more information on income from U.S. possessions, see Publication 570, Tax Guide for Individuals With Income From U.S. Possessions.

Taxmap/pubs/p533-002.htm#TXMP4f265921 Research Grant

If you receive payments under a research grant and perform services for the grantor as an independent contractor, the payments you receive are subject to SE tax.

For more information about whether you are an independent contractor, see Independent contractor, earlier.

Taxmap/pubs/p533-002.htm#TXMP50c97155 Wages, Salaries, and Tips

Salary, Wage, and Tip

Wages and salaries received for services performed as an employee and covered by social security or railroad retirement are not included in earnings subject to SE tax. Tips received for similar services as an employee also are not included in earnings subject to SE tax. Tips you receive as a self-employed person from your business for services you perform are subject to SE tax.

Previous Page:  Publication 533 - Self-Employment Tax - Who Must Pay Self-Employment Tax? Next Page:  Publication 533 - Self-Employment Tax - Methods for Figuring Net Earnings Use     to find additional instances of index items.