SI 00820: Earned Income
TN 48 (11-08)
A. Procedure
1. When an Estimate Is Needed
Estimate NESE for the current taxable year during an initial claim, redetermination, or review of income when an individual alleges (or you believe) he or she is (or has been) engaged in self-employment during the current taxable year.
2. Advice to Individual
Advise the individual:
how his or her estimated NESE was determined and its effect on eligibility and/or payment amount.
to promptly contact the field office if any change occurs which could affect the amount of his or her estimated NESE.
to maintain business records until a Federal income tax return is available, so he or she can report any changes promptly (when any method other than the first two in the chart in SI 00820.230A.4. is used).
to provide a copy of his or her Federal income tax return when it becomes available.
3. Net Loss
Do not take into account an estimated net loss when estimating NESE for the current taxable year.
NOTE: A net loss can only be used to offset other earnings after it has been verified.
4. How to Estimate NESE
Use the first of the following methods in the sequence below, which is applicable.
When the estimate is obtained using business records or the individual's allegation, ask the individual if he or she plans to file a tax return.
If yes and the estimated net profit is $400 or more after applying the multiplier, multiply the net profit by .9235 to determine the chargeable NESE estimate.
If yes and the estimated net profit is less than $400 after applying the multiplier, do not apply the multiplier.
If no, charge the net profit as the NESE estimate. Do not apply the multiplier.
WHEN TO USE |
METHOD |
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When an individual: |
Current Year's Estimate Based on Prior Year's Profit |
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Use the NESE from the prior year as an estimate for the current taxable year. |
When an individual: |
Gross-Net Ratio |
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EXAMPLE: Net profit of $1,200 for $6,000 gross income or 20 percent. |
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EXAMPLE: $4,000 in current year's receipts for the first 6 months gives an assumed gross of $8,000 for the entire year.
EXAMPLE: 20 percent of $8,000 is $1,600. EXCEPTION: Do not use this method for businesses which are seasonal or have unusual income peaks at certain times of the year; go to next applicable procedure. |
When an individual is engaged in a new business |
Projecting Partial Year's Profit for Whole Year
EXCEPTION: Do not use this method for businesses which are seasonal, or have unusual income peaks at certain times of the year; go to next applicable procedure. |
When: |
Individual's Estimate |
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Use an allegation signed or recorded on a DROC of the individual's best estimate. |
When an individual: |
Current Year's Estimate Varies from Past Records |
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EXAMPLE: Individual recently added new products to his mail order sales catalog and sales have picked up dramatically.
EXAMPLES:
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5. Documentation
Document the evidence used to support the estimate made by the adjudicator using EVID or a MSSICS DROC screen and lock it, or in non-MSSICS situations, fax the information into NDRED or Certified Electronic Folder (CEF), as appropriate.” Once the documentation is stored and viewed for content in either eView or through the NDRED by using the Claims File User Interface (CFUI), there is no need to retain the documentation.