Quote from GreenTraderTax:
Most traders can't deduct their health insurance premiums from Adjusted Gross Income (AGI) and that makes it even more expensive on an after-tax-basis.
On the other hand, most self employed businesses can deduct health insurance premiums from AGI, so traders are at a disadvantage.
For 2003 taxes, if you have "earned income" from self employment activities (or through pass through partnerships or LLCs), you can deduct 100% of your health insurance premiums from AGI (up from 70% in 2002).
Trading gains, with or without IRC 475 MTM (mark to market accounting), as a sole proprietor business trader or a LLC trader, are not "earned income." The good news is that trading gains are therefore exempt from self employment taxes (SE - 15.3% of the first $85,000 and 2.9% thereafter). The bad news is that without earned income, you can't deduct the AGI deductions including health insurance premiums and retirement plan contributions.
Note - if you can't deduct health insurance premiums as AGI deductions, you still can deduct them as medical expenses - itemized deductions on Schedule A. Most taxpayers don't benefit because medical expenses are only deductible if in excess of 7.5% of your AGI and if your itemized deductions are greater then the standard deduction.
There is a solution. You can form an entity like a trading company LLC or partnership and pay yourself a fee or guaranteed payment. The fee or guaranteed payment is "earned income" and subject to SE tax and you can deduct health insurance and retirement plans from the earned income amount.
Wage income reported on W-2s is earned, but its not technically "earned income" for purposes of these deductions.
If your marginal tax rates are well over 15% (the maximum federal is 35% plus you have a state rate as well), you will make money on this structuring. You pay "good" SE taxes at 15.3% and save "bad" income taxes at rates well over 15%. SE taxes are better then income taxes because they generate your social security benefits and Medicare insurance benefits in retirement. If you think your health insurance costs are expensive now, wait until you retire; they will be much higher. It's wise to fund your Medicare taxes now with the above suggest solution and entity structure.
Setting up an entity costs under $500 in most states.
We explain more about entities and our hot Mini 401k plan strategy on our home page. See the Spotlight section.
For another health insurance provider, check out golden rule; they have great low rates for individuals.
Health insurance is important, very costly and a real pain. But you need it. Just make sure you can deduct it on your taxes, which can reduce the cost by 40%.
Take care,
Robert Green, CPA
GreenTraderTax.com
Thanks for this piece of advice. However, I am confused regarding taxation of LLC income. As I understand it (I hereby claim I am not an expert) is that it essentially drops to your 1040 unless you pay yourself wages as you suggest to facilitate tax advantaged items such as deducting medical insurance cost, and setting up the mini 401K.
In looking around the WEB for info, I came across this posted on QUICKEN's site, and they attribute it to
"Legal Guide for Starting and Running a Small Business" by Fred S. Steingold
Start quote:
For an S corporation, the rules on the self-employment tax are well established: as an S corporation shareholder, you pay the self-employment tax on money you receive as compensation for servicesâbut not on profits that automatically pass through to you as a shareholder. For example, if your total share of S corporation income is $100,000 in 2000 and you perform services for the corporation reasonably worth $65,000, you will be taxed 15.3% on the $65,000 but not on the remaining $35,000.
By contrast, the rules for members of an LLC are murky. Proposed IRS regulations (which Congress has placed on hold) would impose the self-employment tax on your entire share of LLC profits in any of the following situations:
You participate in the business for more than 500 hours during the LLCâs tax year.
You work in an LLC that provides professional services in the fields of health, law, engineering, architecture, accounting, actuarial science or consulting (no matter how many hours you work).
Youâre empowered to sign contracts on behalf of your LLC.
Until the IRS clarifies the rules on self-employment tax for members of an LLC, you should assume that 100% of an LLC memberâs earnings will be subject to the self-employment tax. Thus, using the figures in the above example, you should assume that the full $100,000 of your businessâs income will be subject to the self-employment tax (although the amount above the current yearâs Social Security tax cut-off figureâ$76,200 in 2000âwill be subject only to the Medicare tax).
The point is that for nowâand until the tax rules are clarifiedâan S corporation shareholder may pay less self-employment tax than an LLC member with similar income. Youâll need to decide if this potential tax saving is enough to offset such LLC advantages as flexibility in management structure and in distributing profits and losses.
End Quote.
This suggests to me all earnings are subject to the self employment tax and seems to contradict your point. I would appreciate it if you would clarify. I'm guessing I may be misreading the above quote.
Thanks,
DS