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Archive for the ‘Employment Law’ Category

Knowledge About Self-Employment Tax

Monday, August 31st, 2009

Who must pay self-employment tax and why? Well, if you’re self-employed, you will be responsible for self-employment tax. How do you determine your liability? For the purpose of determining self-employment tax, you are self-employed if you are a sole proprietor, an independent contractor, a member of a partnership, or are otherwise in business for yourself. If you are a self-employed individual, you will have a Schedule C to attach to your Form 1040, and self-employment tax is computed on Form 1040, Schedule SE. Individuals must pay self-employment tax is they have net earnings of $400 or more and there are several sources of net earnings that are used when figuring your self-employment tax liability. In most cases, net earnings include net profit from a farm or nonfarm business; if you operate more than one business, your net earnings from self-employment are the combined net earnings from all your businesses. The upside to operating more than one business: If you have a loss in one business, it reduces the income from another. self-employment tax is the self-employed individual’s contribution to social security and Medicare taxes; the old-age taxes of employment. The only difference between the employee and the self-employed is the employee’s social security and Medicare taxes are paid half by the employee and half by the employer, when an individual is self-employed; he/she is responsible for the entire amount.

There are alternative methods that can be used for figuring liability of self-employment tax and they are: The Farm Optional Method and the NonFarm Optional Method. These methods may qualify an individual to claim a larger Earned Income Credit or Child Tax Credit; they may also, however, increase your self-employment tax liability.

The maximum amount of earnings subject to self-employment tax is currently $87,000.00. Now, when figuring your adjusted gross income on Form 1040, you may deduct up to one-half of your self-employment tax liability and if you are member of the ministry or clergy you may request an exemption from self-employment tax from the IRS.

It’s really a good idea to probe a little deeper into the subject of self-employment tax. What you learn may give you the confidence you need to venture into new areas.

When must self-employment taxes be paid? Generally, the self-employment taxes aren’t due until the end of the year, when your personal tax return is filed. Why is it this way? The self-employment tax isn’t due until the end of the year simply because of the fact that many self-employed business owners don’t file the net profit or net loss figures on their self-employment earnings, until the year’s end. If there is a net loss, the self-employed individual receives a credit of self-employment tax due, in the amount of one-half of the amount due.

The self-employment tax is the self-employed individual’s equivalent to the social security and Medicare tax deducted from employee’s paycheck each week. The wage earner’s taxes are configured by their employer and are deducted on a weekly basis. The self-employed individual isn’t required to make weekly payments of self-employment tax, but they are held liable for the full 15.3 rate, that is split between the employee and the employer in wage earning situations. In general, however, if you expect to owe taxes in excess of $1000 for the year, you are required to pay estimated taxes each quarter.

In summary, if you are self-employed, have net earnings of $400 or more, and file a tax return, you will be subject to self-employment tax. To learn more about individual liabilities, exemptions, and alternative tax methods, please visit the online site for IRS Forms and Publications at www.IRS.gov . Topic 554, Publication 517 and 533 will provide more detailed and situation specific information.

Of course, it’s impossible to put everything about self-employment tax into just one article. But you can’t deny that you’ve just added to your understanding about self-employment tax, and that’s time well spent.

When to Hire an Employment Attorney

Sunday, July 5th, 2009

An employment attorney acts as the mediator between an employee and their employer. Such attorneys have to specialize in many different kinds of fields in order to represent their client efficiently. This can be either the employer or the employee. Mostly, employees are the ones who seek the services of employment lawyers as compared to employers. However, employers have to get employment lawyers to represent them too in cases where an employee sues.

Employment lawyers normally deal with law that entails how an employer should treat their employees. Most of the clauses that an employment attorney has to be conversant with are sexual harassment and discrimination. Employers and employees alike need to know when an action is termed as sexual harassment or discrimination in order to avoid it.

An employee can also seek the services of an employment lawyer when reading their contracts before signing them. This ensures that the employee knows exactly what they are getting into. Additionally, an employment attorney can offer advice to employers who feel like their rights are being violated. This is to ensure they do not sue when there is no law being broken. In case they are being violated, the employment lawyer will represent them during proceedings and make sure that their grievances are heard. In case of unionization, the lawyer also acts as the workers’ spokesperson and provides litigation support.

Sometimes, employees are not sure if they should get an employment lawyer. However, if one feels like they have been wrongfully terminated or are discriminated against at work, they should get a lawyer. Other issues that most employment lawyers deal in are payment issues, contracts and severance packages. In such cases, employees should get employment attorneys to ensure that their rights are not infringed upon. The employment attorney is there to ensure the equal treatment of all employees. This right is given to everyone legally able to work in the United States.