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Old 06-11-2012, 01:04 PM
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contract work question

I have a regular 9-5 job for a big company that sends me a W-2. I also do some hourly contract work on the side for another company, they send me a pay check once a month, I don't get a W-2, and I'm not sure how they report my income to the IRS.

One paycheck they sent me was dated Dec 14 2011 but I didn't deposit it until mid-January 2012. Do I count that income on my 2011 tax return even though I didn't deposit the check until 2012??



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Old 06-11-2012, 04:31 PM
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“I have a regular 9-5 job for a big company that sends me a W-2. I also do some hourly contract work on the side for another company, they send me a pay check once a month, I don't get a W-2, and I'm not sure how they report my income to the IRS.”--->As you are subject to both FICA and SECA taxes, your maximum base amount for self employment taxes is reduced by the amount of wages as both you and your ER have already paid FICA tax. For example, assurme tht net earnings from self employment is $60,000, then tentative net earnings after deduction for SECA tax is $55,410;92.35%*$60,000 and also assume that your FICA wages were $30,000 then you need to subtract $30K from $55,410, so you need to pay SECA tax only on $25,410;$55410-$30K. you SECA tax liability is $4,249.53;$2,642.64(10.4%*$25,410)+$1,606.89(2.9%* $55,410) on your self employer income, as long as the amount on Sch SE line 4 is $400 or exceeds $400, you need to file Sch SE of 1040 for your self employment tax; the 2010 Tax Relief Act reduced the self-employment tax by 2% for self-employment income earned in calendar year 2011. The self-employment tax rate for self-employment income earned in calendar year 2011 is 13.3% . NOT 15.3%(10.4% for Social Security and 2.9% for Medicare). The Temporary Payroll Tax Cut Continuation Act of 2011 extended the self-employment tax reduction of 2% for calendar year 2012 so the rates for 2011 remain in effect for 2012. For self-employment income earned in 2010, the self-employment tax rate is 15.3%. The rate consists of two parts: 12.4% for social security (old-age, survivors, and disability insurance) and 2.9% for Medicare (hospital insurance). Social Security taxes, FICA taxes, are deducted by your ER from each paycheck.
“One paycheck they sent me was dated Dec 14 2011 but I didn't deposit it until mid-January 2012.Do I count that income on my 2011 tax return even though I didn't deposit the check until 2012??”----> In general, under the constructive receipt doctreine, your income dated Dec 14 2011 needs to be reported on your 2011 return NOT on yur 2012 return since constructive receipt of the income was established when you had the right to claim it on Dec 14, 2011,whether or not you deposited it later. The doctrine limits the ability of taxpayers to choose not to receive income or to put off receiving it until a later tax period choices which might allow a taxpayer to avoid substantial tax liabilities if the doctrine did not exist. However, you do not need to report the income on your 2011 tax return as long as your control of the receipt is subject to substantial limitations or restrictions, i.e., insufficient bank account balance of the payer or etc. You can’t defer income recognition by refusing to accept payment until a later taxable year. One example of income that would not be subject to constructive receipt are earnings for projects undertaken by a freelance professional. Often, compensation for freelance projects are paid in accordance with terms and conditions outlined in the contract between the freelancer and the client. Because the payments may not commence until all terms and conditions are met, this could mean that the income is earned during one tax period, but not actually received until the following period. Since the receipt of the payment is controlled by the payer and not the freelancer, the income is considered to cash basis in nature, and not any type of compensation plan that would have allowed the freelancer could have received at the time the income was earned. Thus, there would be no evidence that the freelancer had intentionally chosen to defer receipt of the income.


Last edited by Wnhough : 06-11-2012 at 05:04 PM.


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