Internal Revenue Code language – “determined with regard to” “determined without regard to”

Section 401(c)(2)(A) provides that:

“earned income” means the net earnings from self-employment (as defined in section 1402(a)), but such net earnings shall be determined—
.
.
.
(v)WITH REGARD [emphasis added] to the deductions allowed by section 404 to the taxpayer, and
(vi)WITH REGARD [emphasis added] to the deduction allowed to the taxpayer by section 164(f).

This is understood to mean that before calculating the SEP-IRA, Keogh Plan or SIMPLE IRA contribution for a self-employed person, his net profit from business is reduced by:

(vi) one-half the self-employment tax, and
(v) by 3/103 for the employer contribution, in the case of a SIMPLE IRA or by 25/125 (formerly 15/115) for the employer contribution, in the case of a SEP-IRA or Keogh Plan before calculating the contribution or deferral.

Section 408(p)(6)(A)(ii) provides that:

In the case of an employee described in subparagraph (B), the term “compensation” means net earnings from self-employment determined under section 1402(a) WITHOUT REGARD [emphasis added] to any contribution under this subsection. The preceding sentence shall be applied as if the term “trade or business” for purposes of section 1402 included service described in section 1402(c)(6).

(B) Employee
The term “employee” includes an employee as defined in section 401(c)(1).

Can someone explain the meaning of and difference between “determined with regard” and “determined without regard” for calculating SEP-IRA, Keogh Plan or SIMPLE IRA deductions for self-employed persons? It would be a lot easier if the Code had language like “determined without reducing by” or “determined by first reducing by.”

Thanks in advance.



I believe that § 408(p)(6)(A)(ii) means that net profit is NOT to be reduced by 3/103 when determining the salary reduction contribution and employer matching or nonelective contribution to a SIMPLE IRA.  2014 IRS Pub 560 page 5 states that, for a SIMPLE IRA, net earnings from self-employment is the amount on Short Schedule SE line 4 or Long Schedule SE line 6.  This means that, for someone eligible to use Short Schedule SE and provided the employer match is less than or equal to the salary reduction contribution, the employer match for a SIMPLE IRA is net profit from self-employment * 0.9235 * 3%.



2014 IRS Publication 560 has a table and worksheets for self-employed individuals on pp. 23-25.  The table provides r/(1 + r) equivalent rates, e.g. the familiar .200000 for 25% and the old .130435 for 15%.  The filled-in example calculates 0.078 for a plan with a contribution formula of 8.5% (0.085).  This calculation appears to be for a plan other than a SIMPLE IRA, because a SIMPLE IRA does not have a contribution formula other than the 3% employer matching contribution (or 2% nonelective contribution). Look at the online calculators from Bankrate® and Beacon Capital Management Advisors®.  Their calculations for 2015 for a SIMPLE IRA for an individual with $10,000 in profits from self-employment before applying the deduction for one-half the self-employment tax applies 0.03/1.03, rather than .03, to ($10,000 – $10,000 × 0.9235 × 0.153 × 0.5), i.e. they do not follow the instruction in the third paragraph from the bottom in the left column of p. 5 of Publication 560.Bankrate®:http://www.bankrate.com/calculators/retirement/self-employed-401-k-calculator.aspxBeacon Capital Management Advisors®:http://www.simpleira.co/calculator.html



I agree that every online calculator I’ve found produces the same result for a SIMPLE IRA, using net income from self-employment calculated using IRS Pub 560 chapter 5.  However, what I read in § 408(p)(6)(A)(ii) and IRS Pub 560 indicates to me that applying Pub 560 chapter 5 to a SIMPLE IRA is incorrect.  The similarities among these calculators suggests that they might all come from a single source, CalcXML.com, so I don’t find it too farfetched that they could all produce identical incorrect results.



I see that you’ve asked a similar question before:  https://irahelp.com/forum-post/17955-maximum-deduction-simple-or-401k-self-employed



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