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  #4  
Old 03-21-2007, 05:06 PM
Harlan Lunsford
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Default Re: Self Employment Tax question

A.G. Kalman wrote:

- quote -

> I agree it is not self-employment as long as this was a
> one-time event. Could it possibly be the sale of a capital
> asset as it appears to be personal use property created 4
> years ago?


Oh, I like the way you think, A.G. I could do that, i.e.
put it on a schedule d.

ChEAr$,
Harlan

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #3  
Old 03-20-2007, 06:24 PM
Nan, EA in LA
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Default Re: Self Employment Tax question

Harlan Lunsford <hnslunsf...[at]bellsouth.net> wrote:
- quote -

> Missy wrote:
> > "bshee...[at]gmail.com" <bshee...[at]gmail.com> wrote:


> > > Yet another Self-Employment Scenario....
> > > > > Four years ago I wrote a piece of gaming software intended
> > > for the private use of my friends and I. After growing bored
> > > with it I mothballed it. Last year a company approached me
> > > and offered to purchase the software. I sold it for $4000.
> > > They issued me a 1099-Misc with box 7 (Non-employee
> > > compensation) filled in. I am not maintaining the software
> > > or assisting the company with operating it.
> > > > > Does the IRS consider this $4000 subject to Self-Employment
> > > Tax?
> > > > > If not should I request that the company re-issue the 1099
> > > with box 3 (Other Income) filled in?


> > Yes, you worked in order to earn the money and yes you are
> > subject to self employment tax as well as income tax. The
> > form 1099misc is correct.
> > > See Schedule C as well as Schedule SE.


> I think, Missy, that this is arguable. My position would be
> that this one time sale of software does not fall within a
> (regular) trade or business, and accordingly, I would not
> include a schedule se; instead placing the 4000 on line 21.


Not all issuers of 1099s understand what they are doing. A
local community college sends $1440 to retired professors as
a reimbursement for medical insurance. They used to use box
7 until an Arizona IRS office tried to charge the retired
professor with self-employment tax. (LA office apparently
understood.) Now they properly put it in box 3.

I'd argue that the company did not employ the person in any
way. It was a sale of something he is not in the business
of producing or developing.

Nan, EA in LA

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #2  
Old 03-20-2007, 06:24 PM
A.G. Kalman
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Posts: n/a
Default Re: Self Employment Tax question

Harlan Lunsford wrote:
- quote -

> Missy wrote:
> > "bshee...[at]gmail.com" <bshee...[at]gmail.com> wrote:


> > > Yet another Self-Employment Scenario....
> > > > > Four years ago I wrote a piece of gaming software intended
> > > for the private use of my friends and I. After growing bored
> > > with it I mothballed it. Last year a company approached me
> > > and offered to purchase the software. I sold it for $4000.
> > > They issued me a 1099-Misc with box 7 (Non-employee
> > > compensation) filled in. I am not maintaining the software
> > > or assisting the company with operating it.
> > > > > Does the IRS consider this $4000 subject to Self-Employment
> > > Tax?
> > > > > If not should I request that the company re-issue the 1099
> > > with box 3 (Other Income) filled in?


> > Yes, you worked in order to earn the money and yes you are
> > subject to self employment tax as well as income tax. The
> > form 1099misc is correct.
> > > See Schedule C as well as Schedule SE.


> I think, Missy, that this is arguable. My position would be
> that this one time sale of software does not fall within a
> (regular) trade or business, and accordingly, I would not
> include a schedule se; instead placing the 4000 on line 21.


I agree it is not self-employment as long as this was a
one-time event. Could it possibly be the sale of a capital
asset as it appears to be personal use property created 4
years ago?

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #1  
Old 03-20-2007, 05:06 AM
Harlan Lunsford
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Posts: n/a
Default Re: Self Employment Tax question

Missy wrote:
- quote -

> "bshee...[at]gmail.com" <bshee...[at]gmail.com> wrote:

> > Yet another Self-Employment Scenario....
> > > Four years ago I wrote a piece of gaming software intended

> > for the private use of my friends and I. After growing bored
> > with it I mothballed it. Last year a company approached me
> > and offered to purchase the software. I sold it for $4000.
> > They issued me a 1099-Misc with box 7 (Non-employee
> > compensation) filled in. I am not maintaining the software
> > or assisting the company with operating it.
> > > Does the IRS consider this $4000 subject to Self-Employment

> > Tax?
> > > If not should I request that the company re-issue the 1099

> > with box 3 (Other Income) filled in?


> Yes, you worked in order to earn the money and yes you are
> subject to self employment tax as well as income tax. The
> form 1099misc is correct.
> See Schedule C as well as Schedule SE.


I think, Missy, that this is arguable. My position would be
that this one time sale of software does not fall within a
(regular) trade or business, and accordingly, I would not
include a schedule se; instead placing the 4000 on line 21.

ChEAr$,
Harlan Lunsford, EA n LA

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 
Old 03-19-2007, 05:42 AM
Missy
Guest
 
Posts: n/a
Default Re: Self Employment Tax question

"bshee...[at]gmail.com" <bshee...[at]gmail.com> wrote:

- quote -

> Yet another Self-Employment Scenario....
> Four years ago I wrote a piece of gaming software intended
> for the private use of my friends and I. After growing bored
> with it I mothballed it. Last year a company approached me
> and offered to purchase the software. I sold it for $4000.
> They issued me a 1099-Misc with box 7 (Non-employee
> compensation) filled in. I am not maintaining the software
> or assisting the company with operating it.
> Does the IRS consider this $4000 subject to Self-Employment
> Tax?
> If not should I request that the company re-issue the 1099
> with box 3 (Other Income) filled in?


Yes, you worked in order to earn the money and yes you are
subject to self employment tax as well as income tax. The
form 1099misc is correct.

See Schedule C as well as Schedule SE.

Missy Doyle

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 03-18-2007, 05:37 AM
bsheeres@gmail.com
Guest
 
Posts: n/a
Default Self Employment Tax question

Yet another Self-Employment Scenario....

Four years ago I wrote a piece of gaming software intended
for the private use of my friends and I. After growing bored
with it I mothballed it. Last year a company approached me
and offered to purchase the software. I sold it for $4000.
They issued me a 1099-Misc with box 7 (Non-employee
compensation) filled in. I am not maintaining the software
or assisting the company with operating it.

Does the IRS consider this $4000 subject to Self-Employment
Tax?

If not should I request that the company re-issue the 1099
with box 3 (Other Income) filled in?

Thanks

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

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