? for Hawaii Preparers with police clients

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  • thomtax
    replied
    I'm just working from memory, but isn't there something on the books where, since they are covered by a different retirement system working for government entities, these deductions are not made from the employee paycheck.

    Of course, as usual, I reserve the right to have a faulty memory.:-)

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  • Burke
    replied
    I simply cannot imagine it either. There is no reasoning whereby income for services would not be subject to SS/MC taxes in one particular state and not another. Again, are you saying their regular W-2"s do not reflect FICA taxes? And this "memo".....who is it from, and what does it say? Can you quote verbatim here?

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  • MAMalody
    replied
    I would do a Schedule C and adjust the Schedule SE unless, somehow, the taxes are being paid and reflected on the W-2. If that is the case I would use line 21 and F2106. I simply can't imaging the IRS saying this income is not subject to SS and M/Care at all.

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  • taxea
    replied
    ? for Hawaii Preparers with police clients

    As I first stated this is a memo from the IRS to HPD regarding the extra duty pay that officers get when they work special duty overtime. Most of the companies that hire the officers provide a 1099 at the end of the year.
    All of this work is assigned directly through the department. The officers, in most instances, are in uniform and use their duty vehicle. This extra duty is sanctioned by HPD.
    And, yes, I do have a copy of it. Police officers, and teachers in Hawaii do not pay SS or Medicare.
    I was trying to determine how other Hawaii tax preparers with HPD clients handle this.
    Do you enter the 1099 income on line 21 and all of the expenses on the 2106 or do you prepare a Sch C, allot the expenses between 2106 and Sch C, then adjust SE to delete the SE tax?
    taxea
    Last edited by taxea; 09-04-2008, 01:10 AM. Reason: to add info

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  • veritas
    replied
    Just curious

    The W2 for the officer's refelct no Social Security tax witheld?

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  • MAMalody
    replied
    I would also contact HPD HR firectly to get a copy of the ruling.

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  • Burke
    replied
    Well, the reasoning does not make much sense to me, but if they really have an IRS ruling on it that is is not subj to SE tax, then I would put it on line 21. I never heard of salaried police officers not being subject to SE tax, nor have I ever been exposed to an instance where this was the case. What cite in the code are they offering?
    Last edited by Burke; 09-02-2008, 12:33 PM.

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  • taxea
    started a topic ? for Hawaii Preparers with police clients

    ? for Hawaii Preparers with police clients

    I am curious as to how you report the 1099 special duty income for your police clients.
    Do you put the income on Line 21 and the expenses on 2106 lumped in with the rest of their "on duty" expenses?
    How do you adjust the return to remove SE tax if you do a SCH C?
    Here is why I ask:
    HPD has a memo from the IRS that states (in summary) that police officers are not subject to SE tax, therefore because the special duty is all sanctioned by the police department then the client should not be subject to SE tax on the special duty income.

    Your thoughts on this...taxea
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