Instructions For Form 1040-Ss - U.s. Self-Employment Tax Return (Including The Additional Child Tax Credit For Bona Fide Residents Of Puerto Rico) - Internal Revenue Service - 2008 Page 4
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8operated business, and you file a joint
spouse under a divorce or separate
Line 5
Form 1040-SS, you can make a joint
maintenance decree, or
Also include the following taxes in the
election to be taxed as a qualified joint
2. You meet all of the following
line 5 total.
venture instead of a partnership. To make
conditions.
Employee social security and Medicare
this election, you must divide all items of
a. You lived apart from your spouse
tax on tips not reported to employer.
income, gain, loss, deduction, and credit
for the last 6 months of 2008. Temporary
Complete Form 4137, Social Security and
attributable to the business between you
absences for special circumstances, such
Medicare Tax on Unreported Tip Income,
and your spouse in accordance with your
as business, medical care, school, or
if you received cash and charge tips of
respective interests in the venture. Each
military service, count as time lived in the
$20 or more in a calendar month and did
of you must file a separate Part III or Part
home.
not report all of those tips to your
IV, as well as a separate Part V. On each
b. You file a separate return from your
employer. On the dotted line next to line
line of your separate Part III or Part IV,
spouse.
5, enter “Tax on Tips,” and the amount of
you must enter your share of the
c. You paid over half the cost of
tax due (from Form 4137, line 13). Be
applicable income, deduction, or loss. For
keeping up your home for 2008.
sure to include this tax in the total for line
complete information on this election, see
d. Your home was the main home of
5. Attach to Form 1040-SS the completed
the 2008 Instructions for Schedule C.
your child, adopted child, stepchild, or
Form 4137.
eligible foster child for more than half of
Rental real estate business. If you
Uncollected employee social security
2008.
and your spouse make the election for
and Medicare tax on tips. If you did not
e. You can claim the child as a
your rental real estate business, the
have enough wages to cover the social
dependent or the child’s other parent can
income generally is not subject to SE tax
security and Medicare tax due on tips you
claim the child under the rules for children
(for an exception, see item 3 under Other
reported to your employer, the amount of
of divorced or separated parents (see
Income and Losses Included in Net
tax due should be identified with codes A
Pub. 501).
Earnings From Self-Employment on page
and B in box 12 of your Form W-2AS,
SS-7).
Married filing jointly. You can choose
W-2CM, W-2GU, or W-2VI; or entered in
If the election is made for a farm rental
this filing status if you were married at the
boxes 22 and 23 of your Form 499R-2/
business that is not included in
end of 2008 and both you and your
W-2PR. Include this tax in the total for line
self-employment, file two Forms 4835,
spouse agree to file a joint return. If you
5. Enter the amount of this tax and
Farm Rental Income and Expenses, with
choose to file a joint return, check the box
“Uncollected Tax” on the dotted line next
Form 1040. Do not file Form 1040-SS.
for married filing jointly and be sure to
to line 5.
include your spouse’s name and SSN on
Uncollected employee social security
Exception — Community income. If
the lines provided below your name and
and Medicare tax on group-term life
you and your spouse wholly own an
SSN. If your spouse also had
insurance. If you had group-term life
unincorporated business as community
self-employment income, complete and
insurance through a former employer, you
property under the community property
attach a separate Part V and, if
may have to pay social security and
laws of a state, foreign country, or U.S.
applicable, Part VI. If necessary, attach a
Medicare tax on part of the cost of the life
possession, the income and deductions
separate Part III or Part IV for your
insurance. The amount of tax due should
are reported based on the following.
spouse’s farm or nonfarm business.
•
be identified with codes M and N in box
If only one spouse participates in the
Joint and several tax liability. If you
12 of your Form W-2AS, W-2CM, W-2GU,
business, all of the income from that
file a joint return, both you and your
or W-2VI. Include this tax in the total for
business is the self-employment earnings
spouse are generally responsible for the
line 5. Enter the amount of this tax and
of the spouse who carried on the
tax and any interest or penalties due on
“Uncollected Tax” on the dotted line next
business.
•
the return. This means that if one spouse
to line 5.
If both spouses participate, the income
does not pay the tax due, the other may
and deductions are allocated to the
Uncollected employee social security
have to.
spouses based on their distributive
and Medicare tax on wages. If you are
shares.
However, you may qualify for relief
an employee who received wages from
•
If either or both you and your spouse
from liability for tax on your joint return if
an employer who did not withhold social
are partners in a partnership, see
(a) there is an understatement of
security and Medicare tax from your
Partnership Income or Loss on page
self-employment tax because your
wages, complete Form 8919, Uncollected
SS-6.
spouse omitted income or claimed false
Social Security and Medicare Tax on
•
If you and your spouse elected to treat
deductions or credits; (b) you are
Wages, to figure your share of the
the business as a qualifying joint venture,
divorced, separated, or no longer living
unreported tax. Enter the amount of tax
see Exception — Qualified joint venture
with your spouse; or (c) given all the facts
due (from Form 8919, line 13) and
beginning on page SS-3.
and circumstances, it would not be fair to
“Uncollected Tax” on the dotted line next
hold you liable for the tax. To request
to line 5, and include this tax in the total
Fiscal Year Filers
relief, you generally must file Form 8857,
for line 5. Attach to Form 1040-SS the
Request for Innocent Spouse Relief, no
completed Form 8919.
If your tax year is a fiscal year, use the
later than 2 years after the date on which
tax rate and earnings base that apply at
Line 6
the IRS first attempted to collect the tax
the time the fiscal year begins. Do not
from you. For more information, see Pub.
Enter any estimated tax payments you
prorate the tax or earnings base for a
971 and Form 8857.
made for 2008 including any overpayment
fiscal year that overlaps the date of a rate
from your 2007 return that you applied to
Married filing separately. You can
or earnings base change.
your 2008 estimated tax. If you or your
choose this filing status if you were
spouse paid separate estimated tax but
married at the end of 2008. This method
are now filing a joint return, add the
may benefit you if you want to be
Specific Instructions
amounts you each paid and enter the
responsible only for your own tax.
total on line 6. If you and your spouse
Line 4
paid joint estimated tax but are now filing
Part I—Total Tax and
If either of the following applies, see
separate returns, you can divide the
Credits
Schedule H (Form 1040), Household
amount paid in any way you choose as
Employment Taxes, and its instructions to
long as you both agree. If you cannot
Line 1
find out if you owe these taxes.
agree, you must divide the payments in
•
You paid any one household employee
proportion to each spouse’s individual tax
Check the filing status that applies to you.
cash wages of $1,600 or more in 2008.
as shown on your separate returns for
•
Single. Your filing status is single if:
You paid total cash wages of $1,000 or
2008. For an example of how to do this,
1. On the last day of the year, you are
more in any calendar quarter of 2007 or
see chapter 3 of Pub. 505, Tax
unmarried or legally separated from your
2008 to household employees.
Withholding and Estimated Tax.
SS-4
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