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Tax Information With A Mother's Touch Published by Eva Rosenberg, MBA, EA |
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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 ![]() 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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