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SELF-EMPLOYMENT
Tax strategies for the self-employed

Self-Employed

Being self-employed can bring individuals great rewards and freedoms, yet it also brings great responsibility to ensure you comply with the rules and requirements of the IRS. On this page we discuss your income, allowable deductions and the tax regulations governing self-employed taxpayers.

Are You Self-Employed?

You are considered self-employed and subject to self-employment tax laws if you:

bulletcarry on your own trade or business
bullethave a profit motivation for your business activity
bulletoperate your business in a regular manner
bulletare a sole proprietor
bulletare an independent contractor
bulletwork full or part-time in the business endeavor
bullethave a net profit of $400.00 or more
bullethave a net profit of $100.00 or more as an employee of a church electing exemption from Social Security Withholdings

Self-Employment Tax

All self-employed must pay a self-employment tax in addition to income tax. The tax is 15.3% of net earnings and is comprised of two components— a 12.4% old age, survivors and disability insurance (OASDI) tax and a 2.9% component for hospital insurance (Medicare). The 12.4% OASDI portion is paid on net income (revenues less expenses) up to a set amount similar to social security. The 2.9% Medicare tax is paid on all net income. If you receive any wage income on which Social Security or Railroad Retirement taxes were paid then the self-employment tax income maximum is reduced by the amount of wages received. If self-employment income is below $400 no self-employment tax is due.

What is Self-Employment Income?

bulletIncome received from a trade or business you conduct on a continuous and regular basis less allowable deductions
bulletPayments received from your partnership for services rendered
bulletIncome paid by insurance companies to retired insurance agents based on prior work such as unpaid commissions
bulletReal estate rental income if substantial services are rendered
bulletExtended earnings payments to an independent insurance agent
bulletMinister's housing allowances unless Form 4361 is filed to opt out of Social Security (not subject to income tax)
bulletIncome of employees of a church or church-controlled organization
bulletIncome from independent contracting of services
bulletIncome from street hustling, panhandling, and drug dealing
bulletIncome from commercial fishing if working for share of the catch
bulletForeign earned income excluded from income tax
bulletIncome from selling and distributing newspapers and magazines
bulletBusiness interruption insurance payments
bulletCrop-sharing income

What’s Not Self-Employment Income?

bulletIncome received as an employee of another company
bulletIncome paid to your child if under 18 and your business is a sole proprietorship or partnership
bulletDividends and interest
bulletGain or loss from sale or exchange of capital assets or disposition of property not included as inventory or held for sale
bulletIncentive pay to sales people in a dealership (auto dealer) but paid by the manufacturer
bulletEarnings and dividends of an S Corporation provided shareholders take a reasonable salary
bulletIncome for services not performed on a continuous or regular basis (this is deemed a hobby)

Self-Employment Tax Traps

Each year the Treasury Department (IRS) publishes statistics on the types of returns that get audited and those returns with self-employment income are always at the top of the list.

bulletAlways keep self-employment activity and records separate from other expenses. Keep a separate checking and savings account for your self-employment activities. The IRS is very quick to deem expenses as personal (non-deductible) expenses if your bank account co-mingles expenses.
bulletDo not confuse hobby and rental income activity as self-employment activity. The tax code applies separate laws to these two activities. If in doubt....ask.
bulletRemember the IRS treats all profits as if they are wages subject to Social Security and Medicare taxes (self-employment taxes). This is true whether you wish to distribute or retain your profits. Consider using alternative corporate structures if you want to avoid some of this tax.

Deductions

If you are self-employed, one of your biggest tax advantages is that you can deduct your business expenses directly against your income- regardless of whether you itemize your deductions. You are not subject to the 2% of adjusted gross income threshold that applies to an employee’s out-of-pocket business related expenses. As a self-employed individual, your business expenses reduce the amount of your income that is subject to the self-employment tax (FICA) while the un-reimbursed business expenses of an employee do nothing to reduce their FICA tax.

Se Health Insurance for the Self-Employed

Another major tax deduction provided by the IRS to the self-employed is the ability to deduct a large portion of your medical insurance costs. Under certain circumstances, if you hire your spouse as a bona fide employee and provide health insurance, 100% of the cost of the insurance may be deductible. Similarly, a written self-insured medical reimbursement plan may be a100% deductible expense and enable you to provide tax free reimbursement of uninsured medical costs to employees for things like co-payments, prescriptions, vision and dental care.

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