Discussion:SE tax Husband and Spouse

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Discussion Forum Index --> Basic Tax Questions --> SE tax Husband and Spouse
Discussion Forum Index --> Tax Questions --> SE tax Husband and Spouse

TomBrev (talk|edits) said:

8 October 2009
Taxpayer has Sch-C income ($1000) and Spouse has Sch-C loss ($15000). I’m not sure why for SE tax purposes these can’t be netted for an overall net loss? I keep thinking these need to be separated for SE tax purposes? Any suggestions or cites?

KathiJud (talk|edits) said:

8 October 2009
I'm really surprised a tax pro would not know the SE earnings of two spouses can't be netted for purposes of calculating the SE tax. He owes SE tax on his $1000 and she owes no SE tax. Pretty basic stuff there.

TomBrev (talk|edits) said:

8 October 2009
I remember reading that in a community prop state all Sch-C from a business could be reported on one form. I know they cant be netted due to separate FICA/SS purposes. thanks

Solomon (talk|edits) said:

8 October 2009
"I remember reading that in a community prop state all Sch-C from a business could be reported on one form. "

Only if there is one business owned by spouses can one Sch C be used - but still two SE's based upon percentage of participation by each. See RP 2002-69 and §1402(a)(5).

Levg79 (talk|edits) said:

9 October 2009
Even in a community property state if husband and wife operate the same Schedule C business they have to file separate schedules SE

Mscash (talk|edits) said:

9 October 2009
The husband would not get a refund of FICA taxes paid if he was an employee. Why should self-employment income be treated differently. Community property laws are irrelevant here.

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