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The Tax Resource Group: Professional Tax Research Material, Resources, and Consulting

Category: Compensation & Employment Benefits; International
Subject: Self-Employment Tax
Title: Nonresident Alien
IRC Sections: 1402(b)
Filename: 1060.html
Date Produced: 10/97

Copyright 1998, The Tax Resource Group. All rights reserved. Telephone 800-578-3498. Internet: www.taxresourcegroup.com

Section 1402(b) in effect provides that the self-employment tax does not apply to a nonresident alien.

The term "self-employment income" means the net earnings from "self-employment" derived by an individual (other than a nonresident alien individual except as provided by Section 233 of the Social Security Act)...[Emphasis added.]

Does it make any sense to take a very aggressive approach to the computation of U.S. source income and then amend payroll tax returns, effectively "coming clean" with the issue but minimizing the impact through the computation?