Welcome Guest. Register Now!  



Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 06-12-2012, 04:56 AM
Junior Member
 
Join Date: Jun 2012
Posts: 1
1099 income earned from US company while living abroad subject to SE tax, not counted under FEIE?

Hi! I would appreciate any advice on this question. I've searched online but haven't found a clear answer.

I am a long time overseas resident and US citizen. I file taxes every year and always claim the foreign earned income exclusion (FEIE). My income has always been less than the exclusion amount, so I pay zero.

In 2011 I did some work for some US agencies, who issues 1099s. It was about $20,000 total. I reported it, but claimed the exclusion and so paid nothing on it (my income including this amount and that I earned abroad was less than the exclusion). But I just got a letter from the IRS saying I "may" be liable for self employment tax on the 1099 income.

It was my understanding that all income earned abroad, even that earned from US companies, was counted under FEIE if you qualify as a foreign tax resident. Is this correct? The letter says "If you are not liable for self employment tax, please provide an explanation with your reply"... so can I somehow explain I am not liable?

Thank you!



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
  #2 (permalink)  
Old 06-12-2012, 07:03 AM
Moderator
 
Join Date: Oct 2010
Posts: 5,258
“In 2011 I did some work for some US agencies, who issues 1099s. It was about $20,000 total. I reported it, but claimed the exclusion and so paid nothing on it (my income including this amount and that I earned abroad was less than the exclusion). But I just got a letter from the IRS saying I "may" be liable for self employment tax on the 1099 income.”--->Correct; as long as the amount on Sch SE line 4 is $400 or exceeds $400, then you must pay self employment tax to the IRS; 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).
“It was my understanding that all income earned abroad, even that earned from US companies, was counted under FEIE if you qualify as a foreign tax resident. Is this correct?”---->Correct. As a US citizen, you are subject to US taxes on your US source and world wide income, so as an IC, your self employment income ,regardless of its source, is subject to SECA taxes as long as the amount on Sch SE line 4 is $400 or exceeds $400 as mentioned above.You may claim the foreign earned income exclusion on foreign earned self-employment income. The excluded amount will reduce your regular income tax, but will not reduce your self-employment tax on sch SE.
The letter says "If you are not liable for self employment tax, please provide an explanation with your reply"... so can I somehow explain I am not liable?”---->I do not think so; as said, as an IC , a self employer,wherever you earn your self employment income, it is ALWAYS subject to SECA taxes in US UNLESS the amount on line 4 of Sch SE is LESS than $400. ALSO, certain taxpayers must maintain a state of domicile in the US, and there will be tax obligations to that state,too.



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
Ads
Reply



Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
U.S. Citizen Living Abroad Freelance Spouse abusimbel Income 3 05-15-2012 05:19 PM
Can 1099-Misc income be reported as Income Earned Abroad? jcp1376 Income 5 10-05-2011 12:09 AM
Where should US Citizens or Residents living abroad pay their Estimated Tax Payment? TaxGuru Income 0 05-05-2011 10:49 PM
Where should US Citizens or Resident Aliens living abroad mail their US Tax Return? TaxGuru Income 0 05-05-2011 10:46 PM
Is income earned by US citizens & resident aliens from abroad taxable in the USA? TaxGuru Income 0 06-10-2010 05:49 PM

Follow us on Facebook Follow us on Twitter Google Buzz Rss Feeds

» Categories
 
Individual
 » Income
 » IRA/Sep
 » Medical
 
Corporations
 » Payroll
 
Forum for CPAs
 
Financial Planning
 
 
 

» Recent Tax Q&A
No Threads to Display.