IRS Tax Forms  
Publication 590 2001 Tax Year

Who Can Set Up a Traditional IRA?

You can set up and make contributions to a traditional IRA if:

  1. You (or, if you file a joint return, your spouse) received taxable compensation during the year, and
  2. You were not age 70 1/2 by the end of the year.

You can have a traditional IRA whether or not you are covered by any other retirement plan. However, you may not be able to deduct all of your contributions if you or your spouse are covered by an employer retirement plan. See How Much Can I Deduct, later.

Both spouses have compensation. If both you and your spouse have compensation and are under age 70 1/2, each of you can set up an IRA. You cannot both participate in the same IRA.


What Is Compensation?

Generally, compensation is what you earn from working. For a summary of what compensation does and does not include, see Table 1-1. Compensation includes the items discussed next.

Wages, salaries, etc. Wages, salaries, tips, professional fees, bonuses, and other amounts you receive for providing personal services are compensation. The IRS treats as compensation any amount properly shown in box 1 (Wages, tips, other compensation) of Form W-2, Wage and Tax Statement, provided that amount is reduced by any amount properly shown in box 11 (Nonqualified plans). Scholarship and fellowship payments are compensation for IRA purposes only if shown in box 1 of Form W-2.

Commissions. An amount you receive that is a percentage of profits or sales price is compensation.

Self-employment income. If you are self-employed (a sole proprietor or a partner), compensation is the net earnings from your trade or business (provided your personal services are a material income-producing factor) reduced by the total of:

  1. The deduction for contributions made on your behalf to retirement plans, and
  2. The deduction allowed for one-half of your self-employment taxes.

Compensation includes earnings from self-employment even if they are not subject to self-employment tax because of your religious beliefs.

When you have both self-employment income and salaries and wages, your compensation includes both amounts.

Self-employment loss. If you have a net loss from self-employment, do not subtract the loss from your salaries or wages when figuring your total compensation.

Alimony and separate maintenance. For IRA purposes, compensation includes any taxable alimony and separate maintenance payments you receive under a decree of divorce or separate maintenance.

Table 1-1. Compensation for Purposes of an IRA

Includes ... Does not include ...
Wages, salaries, etc.  Earnings and profits from  property, such as rental  income, interest income,  and dividend income
Commissions  Pension or annuity  income
Self-employment income  Deferred compensation  received (compensation  payments postponed  from a past year)
Alimony and separate maintenance  Income from a  partnership for which  you do not provide  services that are a  material income-  producing factor
   Any amounts you exclude  from income, such as  foreign earned income  and housing costs

What Is Not Compensation?

Compensation does not include any of the following items.

  • Earnings and profits from property, such as rental income, interest income, and dividend income.
  • Pension or annuity income.
  • Deferred compensation received (compensation payments postponed from a past year)
  • Income from a partnership for which you do not provide services that are a material income-producing factor.
  • Any amounts you exclude from income, such as foreign earned income and housing costs.

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