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A self-employed individual maintains a qualified retirement plan and receives director's fees from XYZ Inc. In addition, this individual also exercises stock options received from XYZ Inc. Lets assume the director's fees total $150,000 for the year while the exercising of the stock options amounts to $100,000 for the year. Lets also assume this individual did not have any business expenses for the year. The individual's accountant prepares a Schedule C for the year reflecting net profits of $250,000. The income shown on Schedule SE is also $250,000 which is the amount subject to self-employment taxes.

The accountant's inclusion of the $100,000 on the Schedule C and Schedule SE would indicate that the stock option exercise is Earned Income since it's subject to self-employment taxes. My understanding is that a self-employed individual's Earned Income for pension plan purposes is the income on which self-employment tax is paid (i.e. the amount shown on Schedule SE of Form 1040).

Are the amounts received as a result of the stock option exercise considered Earned Income for pension purposes? Should the Earned Income amount equal $150,000 or $250,000?

Posted

How does the plan define compensation? Is this in conflict with IRC 1402(a)?

The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.

Posted

Under the law, it would be $250k. And if your plan defines the earned income as defined in IRC 40100©(2) [and I don't see any reason for defining it otherwise), then it would be $250k.

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