Frequently Asked Questions
Who is eligible for the Farm Optional Method for SE Tax?
Farmers with low net profits but high gross income who wish to qualify for social security benefits.
How does the Farm Optional Method for SE Tax work?
Allows farmers to elect to report 66.67% of gross income as net earnings from self-employment if net earnings are low, potentially maintaining Social Security credits.
What law authorizes the Farm Optional Method for SE Tax?
The Farm Optional Method for SE Tax is authorized under IRC §1402(a) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §1402
Source: Internal Revenue Code, Title 26, United States Code
§ 1402. Definitions(a) Net earnings from self-employmentThe term “net earnings from self-employment” means the gross income derived by an individual from any trade or business carried on by such individual, less the deductions allowed by this subtitle which are attributable to such trade or business, plus his distributive share (whether or not distributed) of income or loss described in section 702(a)(8) from any trade or business carried on by a partnership of which he is a member; except that in computing such gross income and deductions and such distributive share of partnership ordinary income or loss—(1) there shall be excluded rentals from real estate and from personal property leased with the real estate (including such rentals paid in crop shares, and including payments under section 1233(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3833(a)(2)) to individuals receiving benefits under section 202 or 223 of the Social Security Act) together with the deductions attributable thereto, unless such rentals are received in the course of a trade or business as a real estate dealer; except that the preceding provisions of this paragraph shall not apply to any income derived by the owner or tenant of land if (A) such income is derived under an arrangement, between the owner or tenant and another individual, which provides that such other individual shall produce agricultural or horticultural commodities (including livestock, bees, poultry, and fur-bearing animals and wildlife) on such land, and that there shall be material participation by the owner or tenant (as determined without regard to any activities of an agent of such owner or tenant) in the production or the management of the production of such agricultural or horticultural commodities, and (B) there is material participation by the owner or tenant (as determined without regard to any activities of an agent of such owner or tenant) with respect to any such agricultural or horticultural commodity;
(2) there shall be excluded dividends on any share of stock, and interest on any bond, debenture, note, or certificate, or other evidence of indebtedness, issued with interest coupons or in registered form by any corporation (including one issued by a government or political subdivision thereof), unless such dividends and interest are received in the course of a trade or business as a dealer in stocks or securities;
(3) there shall be excluded any gain or loss—(A) which is considered as gain or loss from the sale or exchange of a capital asset,
(B) from the cutting of timber, or the disposal of timber, coal, or iron ore, if section 631 applies to such gain or loss, or
(C) from the sale, exchange, involuntary conversion, or other disposition of property if such property is neither—(i) stock in trade or other property of a kind which would properly be includible in inventory if on hand at the close of the taxable year, nor
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