TN 5 (12-92)

Citations:

Social Security Act - Section 205(c)(5)(J)

POLICY

After the time limitation, an E/R can be corrected to include SEI in place of wages erroneously reported and later deleted if the following conditions are met:

• the SEI is for the same taxable years for which the wages had previously been entered; and

• the SEI was not already included on the E/R; and

• An SE tax return was filed within 3 years, 3 months, and 15 days after the taxable year in which the wages were deleted. This requirement is met without the filing of an additional SE return if the additional SEI to be included did not exceed the amount of deleted wages and was included in the NE previously reported in an SE return.

The activity covered by the SE return need not have any connection with the “deleted” wages. However, where the deleted wages are actually earnings from SE, the amount of SEI to be credited may be less than the wages deleted since the wages might represent gross earnings from which business expenses were not deducted.

The amount of SEI may be less, but never more, than the amount of wages deleted.