Publication 225 |
2001 Tax Year |
Figuring Earnings Subject to Self-Employment Tax
Generally, you need to figure your total earnings subject to SE tax
before you can figure your net earnings from self-employment. This
section will help you figure these total earnings. If you are a
self-employed farmer, use Schedule F (Form 1040) to figure your
earnings subject to SE tax.
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 net earnings subject to SE tax. A
loss from one business reduces your profit from another business.
Various types of income included in earnings subject to SE tax are
discussed next. The list is not all inclusive.
- Taxable patronage dividends (distributions) from
cooperatives.
- Government agricultural program payments, including
commodity program payments and conservation reserve program (CRP)
payments. (If you do not materially participate in farming operations
on the land, the CRP payment is not included in earnings subject to SE
tax.)
- Taxable Commodity Credit Corporation loans.
- Refunds and rebates, if they represent a reduction in a
deductible expense item, including a fuel tax credit included in
income.
- Prizes or awards on farm produce or livestock.
- Crop damage payments.
- Value of property and services received for farm
products.
- Sales of unharvested crops, if not sold with land that was
held more than 1 year.
- Rent you receive if you meet one of the four material
participation tests explained later under Landlord Participation
in Farming.
If you receive the rent as crop shares, you must meet the test at
the time the crop shares are produced. However, the crop shares are
included in earnings subject to SE tax in the year they are converted
to money or the equivalent of money.
- Any amounts for depreciation, including any section 179
deduction, recaptured because the business use of the property was
reduced to 50% or less. This does not include amounts recaptured on
the disposition of property.
- Lost income payments received from insurance or other
sources for reducing or stopping farming activities. These include
USDA payments to compensate for lost income resulting from reductions
in tobacco quotas and allotments. Even if you are not farming when you
receive the payment, it is included in earnings subject to SE tax if
it relates to your farm business (even though it is temporarily
inactive). A connection exists if it is clear the payment would not
have been made but for your conduct of your farm business.
Income not included in earnings subject to SE tax.
Certain kinds of income are not included in earnings subject to SE
tax, even though they are included when figuring your income tax.
- Rental income you receive from real estate and from personal
property leased with real estate is not included in earnings subject
to SE tax. It does not matter if the rent is received in crop shares,
cash, or other property. This rule applies only if the landlord does
not materially participate in the production or management
of production of farm products on the land. If the landlord materially
participates, see Landlord Participation in Farming, later.
- Interest is not included in earnings subject to SE tax
unless you receive it in your trade or business, such as interest on
accounts receivable.
- Dividends on securities you own are not included in earnings
subject to SE tax unless you are a dealer in securities who is not
holding the securities for speculation or investment.
- 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 in earnings subject to SE tax. It does not matter whether the
disposition is a sale, exchange, or 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 was held, or whether it was raised or purchased.
- Unharvested
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.
- 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.
- Wages paid in kind to you for agricultural labor, such as
commodity wages, are not included in earnings subject to SE
tax.
- Retirement income received by a partner from his or her
partnership under a written plan is not included in earnings subject
to SE tax if all the following apply.
- The retired partner performs no services for the partnership
during the year.
- The retired partner is owed only the retirement payments.
- The retired partner's share (if any) of the partnership
capital was fully paid to the retired partner.
- The payments to the retired partner are lifelong, periodic
payments.
Landlord Participation
in Farming
As a general rule, income and deductions from rentals and from
personal property leased with real estate are not included in
determining earnings subject to SE tax. However, income and deductions
from farm rentals, including government commodity program payments
received by a landowner who rents land, are included if the rental
arrangement provides that the landlord will, and does, materially
participate in the production or management of production of the farm
products on the land.
Crop shares.
Rent paid in the form of crop shares is included in earnings
subject to SE tax for the year you sell, exchange, give away, or use
the crop shares if you meet one of the four material participation
tests (discussed next) at the time the crop shares are produced.
Feeding such crop shares to livestock is considered using them. Your
gross income for figuring your earnings subject to SE tax under the
Farm Optional Method includes the fair market value of the
crop shares when they are used as feed.
Material participation.
You materially participate if you have an arrangement with your
tenant for your participation and you meet one of the following tests.
- You do any three of the following.
- Pay, using cash or credit, at least half the direct costs of
producing the crop or livestock.
- Furnish at least half the tools, equipment, and livestock
used in the production activities.
- Advise or consult with your tenant.
- Inspect the production activities periodically.
- You regularly and frequently make, or take an important part
in making, management decisions substantially contributing to or
affecting the success of the enterprise.
- You work 100 hours or more spread over a period of 5 weeks
or more in activities connected with agricultural production.
- You do things that, considered in their totality, show you
are materially and significantly involved in the production of the
farm commodities.
These tests may be used as general guides for determining
whether you are a material participant.
Example.
Drew Houston agrees to produce a crop on J. Clarke's cotton farm
with each receiving half the proceeds. Clarke furnishes all the
necessary equipment and advises Houston when to plant, to chop, plow,
spray, and pick the cotton. During the growing season, Clarke inspects
the crop every few days to determine whether Houston is properly
taking care of the crop. Houston furnishes all labor needed to grow
and harvest the crop.
The management decisions made by J. Clarke in connection with the
care of the cotton crop and his regular inspection of the crop, along
with all the necessary equipment he furnishes, establish that he
participates to a material degree in the cotton production operations.
The income Clarke receives from his cotton farm is included in
computing his net earnings from self-employment.
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