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Published by Eva Rosenberg, MBA, EA
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Executor Fee
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» From: Taylors, SC

Dear TaxMama:

Can you include a non-professional executor fee that is earned in your SEP contribution calculation?

Thanks!

Love your site ....

Rebecca

TaxMama Replies

Dear Rebecca,

Good question. And I am not sure, so I asked the Pros.

Here's my opinion:

We've already established that it's not subject to SE tax. (If she were a professional, it would be.) So, if it's not self-employment income, does that mean she can't use it for the SEP limit computation?

But one of the Pros puts it SO well:

If the executor fee is not subject to SE tax, it's not eligible for the retirement plan contribution. That's the you-can-not-have-your-cake-and-eat-it-too rule under (I believe ) section 1402.

-Jim


<And Rebecca Replied>

Thanks for getting back to me on the non-professional fees being included in the SEP contribution. I was talking to the attorney for the estate and mentioned the question to her.

She said that the IRS has allowed the inclusion of non-professional executor fees in the SEP contribution for approximately 10 years.

I'm not sure what I'm going to do now, but thought that I would pass that on to you in case you ever encounter this question in your own practice.

Thanks again for your response,

Rebecca


<And TaxMama's Final Bit of Advice?>

Hi Rebecca,

Get her to put it into writing? Then do it.

That's good to know.

Best wishes,

Eva Rosenberg
Your TaxMama

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ISSN 1532-0790
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Eva Rosenberg
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