Beruflich Dokumente
Kultur Dokumente
Publication 595
Cat. No. 15171E Introduction ........................................ 1
Department
Tax Highlights
of the Important Change for 1998 ............... 2
Treasury
Important Dates for 1998 ................... 2
Internal
Revenue
Service for Commercial What Is Gross Income From
Fishing? ....................................... 2
Index .................................................... 11
Introduction
This publication highlights some special tax
rules that may apply to individuals who have
their own fishing trade or business. These
individuals include:
a. Catching salmon or halibut. Withhold unless c. applies. Taxable unless c. applies. Taxable unless c. applies.
b. Catching other fish, sponges, Withhold unless c. applies. Taxable unless c. applies. Taxable if vessel is more
etc. than 10 net tons and c. does
not apply.
c. Individual is considered Exempt Exempt Exempt
self-employed (see Certain
fishermen considered
self-employed, on page 4).
d. Native Americans exercising Exempt Exempt Exempt
fishing rights.
2) You incurred child or dependent care Certain fishermen considered self- 1099–MISC to report amounts you pay to
expenses for which you could claim a employed. Certain fishermen who work on a them.
credit (this method will increase your fishing boat are considered to be self-
earned income, which could increase employed for purposes of employment and Example 2. The facts are the same as in
your child or dependent care credit), or self-employment taxes. A fisherman is con- Example 1 except that the mate, the engi-
sidered self-employed if he meets all of the neer, the cook, and the other six crew mem-
3) You are entitled to the earned income following conditions: bers all receive an extra $100 for each trip
credit (this method will increase your that brings back a certain minimum catch.
earned income, which could increase 1) He receives a share of the catch or a For purposes of employment and self-
your earned income credit). share of the proceeds from the sale of employment taxes, the captain, the mate, the
the catch, engineer, and the cook are self-employed in-
dividuals. The other six crew members who
Estimated tax. You may have to pay esti- 2) His share depends on the size of the receive this extra payment in addition to the
mated tax. This depends on how much in- catch, proceeds from the sale of the catch are em-
come and SE taxes you expect for the year ployees. They are employees because the
and how much of your income will be subject 3) Any cash payments that are not part of
his share of the proceeds from the sale $100 payment is not paid solely for additional
to withholding tax. The SE tax is treated, and duties for which additional cash pay is tradi-
collected, as part of the income tax. For more of the catch are:
tional in the fishing industry.
information, see When Do Fishermen Pay a) Not more than $100 per trip,
Estimated Tax and File Tax Returns?, later.
b) Paid only if there is some minimum Employment Tax Forms
catch, and
Reporting self-employment tax. Figure If you have employees, you will need to file
your SE tax on Schedule SE. Then report the c) Paid solely for additional duties forms to report employment taxes. For more
tax on line 47 of Form 1040, and attach (such as mate, engineer, or cook) information, see Publication 15. That publi-
Schedule SE to Form 1040. If you file a joint for which additional cash payments cation explains your tax responsibilities as an
return and you both have SE income, each are traditional in the fishing industry, employer.
of you must complete a separate Schedule and To help you determine whether the people
SE. However, you are both liable for the total working for you are your employees, get
4) He receives this share from a boat with Publication 15–A. That publication has infor-
SE tax due on the return.
an operating crew that is normally made mation to help you determine whether an in-
Self-employment tax deduction. You
up of fewer than 10 individuals. If the dividual is an independent contractor or an
can deduct one-half of your SE tax as a
fishing operation involves more than one employee. If you incorrectly classify an em-
business expense in figuring your adjusted
boat, the operating crew of each boat in ployee as an independent contractor, you can
gross income. This is an income tax adjust-
the operation must meet this require- be held liable for employment taxes for that
ment only. It does not affect either your net
ment. An operating crew is considered worker plus a penalty. An independent con-
earnings from self-employment or your SE
to be normally made up of fewer than tractor is someone who is self-employed.
tax.
10 individuals if the average number of You do not generally have to withhold or pay
To deduct the tax, enter on Form 1040,
crew members on trips the boat made any taxes on payments to an independent
line 26, the amount shown on the “Deduction
during the last 4 calendar quarters was contractor.
for one-half of self-employment tax” line of the
less than 10. Individuals you employ to work on a boat
Schedule SE.
that normally has an operating crew of fewer
Example 1. You hire a captain, a mate,
than 10 individuals may be considered self-
More information. For more information on an engineer, a cook, and six other crew
employed. For more information, see Certain
self-employment tax, see Publication 533. members to work on your fishing boat. The
fishermen considered self-employed under
proceeds from the sale of the catch offset
Form 1099–MISC, earlier.
boat operating expenses such as bait, ice,
and fuel. You divide 60% of the balance be-
Form 1099–MISC tween the captain, the mate, and the crew
Table 1. See Table 1 for information on the
File Form 1099–MISC if you: special employment tax treatment of fishing
members. You divide the other 40% between
and related activities.
yourself and the captain. The mate, the engi-
1) Pay a share of your catch (or a share of neer, and the cook also each receive an extra
the proceeds from the sale of your catch) $100 for each trip that brings back a certain
to an individual who is not your em- minimum catch. The crew members do not
ployee, or receive any additional pay between voyages, When Do Fishermen
but they must do certain work, such as re-
2) Pay at least $600 in rents, services, and pairing nets, splicing cable, and transporting Pay Estimated Tax
other income payments in your fishing the catch.
trade or business to an individual who is For purposes of employment and self- and File Tax Returns?
not your employee. employment taxes, the captain, the mate, and When you must pay estimated tax and file
the entire crew of the boat (including the your tax return depends on whether you re-
For more information, see the instructions for mate, engineer, and cook) are considered ceive at least two-thirds of your total gross
Form 1099–MISC. self-employed individuals. You must file Form income from fishing in the current or prior
Page 4
year. Gross income is not the same as 2) 100% of the total tax shown on your
total income shown on line 22 of Form 1040.
Percentage From Fishing 1996 return. (The return must cover all
Total your gross income from all sources as 12 months.)
shown earlier. Then total your gross income
Gross Income from fishing. Divide your fishing gross income If at least two-thirds of your gross in-
Your gross income is all income you receive by your total gross income to determine the TIP come for 1997 or 1998 is from fishing,
in the form of money, property, and services percentage of gross income from fishing. the required annual payment due
that is not exempt from tax. On a joint return, January 15, 1999, is the smaller of:
Example 1. James Smith had the follow-
you must add your spouse's gross income to ing total gross income and fishing gross in-
your gross income. To decide whether two- 1) 662/3% (.6667) of your total tax for 1998,
come in 1997: or
thirds of your gross income for 1997 was from
fishing, use as your gross income the total of Gross Income 2) 100% of the total tax shown on your
the following income (not loss) amounts from
Total Fishing 1997 return. (The return must cover all
your tax return.
Taxable interest ......................... $43,000 12 months.)
1) Wages, salaries, tips, etc. Dividends ................................... 500
Rental income (Sch E) .............. 1,500
2) Taxable interest. Fishing income (Sch C) ............ 75,000 $75,000 Fiscal year fishermen. If you qualify to use
Schedule D ................................ 5,000
3) Dividends. these special rules but your tax year does not
Total .......................................... $125,000 $75,000 start on January 1, you may file your return
4) Taxable refunds of state and local taxes. Schedule D showed gains from the sale and pay the tax by the first day of the 3rd
5) Alimony received. of a rental house carried over from Form 4797 month after the close of your tax year. Or you
($5,000) in addition to losses from the sale may pay your required estimated tax within
6) Gross business income from Schedule of corporate stock ($2,000). Mr. Smith's gross 15 days after the end of your tax year. Then
C (Form 1040), line 7. fishing income is 60% of his total gross in- file your return and pay any balance due by
7) Gross receipts from Schedule C–EZ come ($75,000 ÷ $125,000 = .60). Therefore, the 15th day of the 4th month after the end
he does not qualify to use special estimated of your tax year.
(Form 1040), line 1.
tax and return due dates for 1997. However,
8) Capital gains from Schedule D (Form he can still qualify for 1997 if at least two-
1040). Losses cannot be netted against thirds of his 1996 gross income was from Due Dates for
gains. fishing. Nonqualified Fishermen
9) Gains on sales of business property from Example 2. Assume the same facts as If less than two-thirds of your gross income
Form 4797. in Example 1 except that Mr. Smith received for 1996 and 1997 was from fishing, you
10) Taxable IRA distributions, pensions, an- only $23,000, instead of $43,000, taxable in- cannot use these special estimated tax pay-
nuities, and social security benefits. terest. This made his total gross income ment and return due dates for your 1997 tax
$105,000. He qualifies to use special esti- year. In this case, you generally must make
11) Gross rental income from Schedule E mated tax and return due dates since at least quarterly estimated tax payments on April 15,
(Form 1040), line 3. two-thirds of his gross income is from fishing June 16, and September 15, 1997, and on
12) Gross royalty income from Schedule E [$75,000 ÷ $105,000 = .714 (71.4%)]. January 15, 1998. You must file your return
by April 15, 1998.
(Form 1040), line 4.
13) Your taxable net income from an estate Due Dates for If less than two-thirds of your gross
or trust, Schedule E (Form 1040), line TIP income for 1997 and 1998 is from
36.
Qualified Fishermen fishing, you cannot use these special
If at least two-thirds of your gross income for estimated tax payment and return due dates
14) Income from a REMIC reported on 1996 or 1997 was from fishing, you have only for your 1998 tax year. In this case, you
Schedule E (Form 1040), line 38. one payment due date for 1997 estimated generally must make quarterly estimated tax
tax—January 15, 1998. payments on April 15, June 15, and Septem-
15) Gross farm rental income from Form
For your 1997 tax, you may either: ber 15, 1998, and on January 15, 1999. You
4835, line 7.
must file your return by April 15, 1999.
16) Farm income from Schedule F (Form 1) Pay all your estimated tax (figured on For more information on estimated taxes,
1040), line 11. Form 1040–ES) by January 15, 1998, see Publication 505.
and file your Form 1040 by April 15,
17) Your distributive share of gross income 1998, or
from a partnership or limited liability Estimated Tax Penalty
company treated as a partnership. 2) File your Form 1040 by March 2, 1998,
and pay all the tax due. You are not re- for 1997
18) Your pro rata share of gross income from quired to make an estimated tax pay-
an S corporation. If you did not pay all your required estimated
ment. If you pay all the tax due, you will tax for 1997 by January 15, 1998, and do not
19) Unemployment compensation. not be penalized for failure to pay esti- file your 1997 return and pay the tax by March
mated tax. 2, 1998, use Form 2210–F, Underpayment
20) Other income reported on Form 1040,
of Estimated Tax by Farmers and Fishermen,
line 21, not reported with any of the If at least two-thirds of your gross in- to determine if you owe a penalty. If you owe
items listed above. TIP come for 1997 or 1998 is from fishing, a penalty but do not file Form 2210–F with
for your 1998 tax, you may either: your return and pay the penalty, you will get
Gross Income a notice from the IRS. You should pay the
1) Pay all your estimated tax by January
penalty as instructed by the notice.
From Fishing 15, 1999, and file your Form 1040 by
If you file your return by April 15 and pay
April 15, 1999, or
Gross income from fishing includes: the bill within 10 days after the notice date,
2) File your Form 1040 by March 1, 1999, the IRS will not charge you interest.
1) Gross fishing income from Schedule C and pay all the tax due. Occasionally, you may get a penalty no-
(Form 1040), line 7. tice even though you filed your return on time,
attached Form 2210–F, and met the gross
2) Gross fishing receipts from Schedule income test. If you receive a penalty notice for
C–EZ (Form 1040), line 1. Required annual payment. If at least two-
thirds of your gross income for 1996 or 1997 underpaying estimated tax that you think is in
3) Gross fishing income from Schedule E was from fishing, the required annual pay- error, write to the address on the notice and
(Form 1040), Parts II and III. See the ment due January 15, 1998, is the smaller explain why you think the notice is in error.
instructions for line 41. of: Include a computation, similar to the one in
Example 1, showing that you meet the gross
For more information, see What Is Gross In- 1) 662/3% (.6667) of your total tax for 1997, income test. Do not ignore a penalty notice,
come From Fishing?, earlier. or even if you think it is in error.
Page 5
You can request an application kit or a) The sale or other disposition of
Other Filing Information get additional information from NMFS agreement vessels held for more
for 1997 at the following address: than 6 months, or
• First, as made from the capital fund, Interest. You must pay interest on the addi-
Nontaxable return of capital. Do not report • Second, as made from the capital gain tional tax due to a nonqualified withdrawal.
on your federal income tax return any trans- fund, and The interest period begins on the last date for
action that produces a nontaxable return of paying tax for the tax year in which you de-
capital if you deposit the net proceeds into • Third, as made from the ordinary income posited the amount that was withdrawn in
your CCF account. These transactions in- fund. your CCF account. The period ends on the
clude: last date for paying tax for the tax year in
Excluding qualified withdrawals from tax. which you make the nonqualified withdrawal.
• The sale or other disposition of an Do not report on your federal income tax re- The interest rate on the nonqualified with-
agreement vessel, or turn any qualified withdrawals from your CCF drawal is simple interest. The interest rate is
account. subject to change annually. For more infor-
• The receipt of insurance or indemnity
proceeds from an agreement vessel. mation on computing the interest, see Regu-
Reducing the tax basis of acquired, built, lation 3.7(e).
or rebuilt vessels. You must reduce the
Other ordinary income. Generally, do not depreciable basis of fishing vessels you ac- The current interest rate can also be
report any other ordinary income (other than quire, build, or rebuild by the amount of a obtained by calling NMFS at (301)
that discussed above) you deposit into your withdrawal that is treated as made from either 713–2393.
CCF account on your federal income tax re- the capital gain fund or the ordinary income Interest deduction. You can deduct the
turn. fund. For more information, see How to de- interest you pay on a nonqualified withdrawal
termine the source of qualified withdrawals, as a trade or business expense.
and Deferring tax on CCF deposits and
Tax Treatment of CCF earnings, earlier. Reporting the additional tax and interest.
Earnings Attach a statement to your federal income tax
This section explains the tax treatment of the return to show your computation of both the
Nonqualified Withdrawals tax and interest for a nonqualified withdrawal.
earnings from the assets in your CCF ac-
A nonqualified withdrawal from a CCF ac- Include the tax and interest for the nonquali-
count.
count is one that is not a qualified withdrawal. fied withdrawal on line 53 of Form 1040. To
For more information, see Qualified With- the left of line 53, write the amount of tax and
Capital gains. Do not report on your federal drawals, earlier. interest and “CCF.”
income tax return any capital gains from the Examples of nonqualified withdrawals are
sale of capital assets held in your CCF ac- amounts from the ordinary income fund or the
count. This includes capital gains distributions Tax benefit rule. If any portion of your non-
capital gain fund that: qualified withdrawal is properly attributable to
reported to you on Form 1099–DIV or a sub-
stitute statement. However, you should attach contributions (not earnings on the contribu-
• You do not withdraw after your agree- tions) you made to the fund that did not re-
a statement to your tax return to list the ment with NMFS is terminated.
payers and the amounts and identify the duce your tax liability for any tax year prior to
capital gains as “CCF account earnings.” • You withdraw and use to make principal the withdrawal year, the tax treatment is as
payments on the mortgage of a vessel follows:
with a basis that has already been re-
Interest and dividends. Do not report on 1) The portion that did not reduce your tax
duced to zero.
your federal income tax return any ordinary liability for any year prior to the with-
income (such as interest and dividends) you • Are determined by NMFS to cause your drawal year is not taxed, and
earn on the assets in your CCF account. CCF account balance to exceed the
However, you should attach a statement to amount that is appropriate to meet your 2) An amount equal to that portion is al-
your return to list the payers and the amounts planned use of withdrawals. (You will lowed as a net operating loss deduction.
Page 7
Examples. Off-highway business use in- If you do not meet the quarterly amount
More Information cludes fuels used: (at least $750) for the third category, carry the
This section briefly discusses the CCF pro- amount to the next quarter to determine if you
gram. For more detailed information, see: 1) In stationary machines such as genera- can claim at least $750 for that quarter.
tors, compressors, and similar equip- Fourth quarter claims. You cannot file
• Section 607 of the Merchant Marine Act ment, and a quarterly claim for refund for the fourth
of 1936, as amended (46 U.S.C. 1177), quarter of your tax year. File claims for the
2) For cleaning purposes.
• Part 259 of title 50 of the Code of Federal fourth quarter as a credit on your income tax
Regulations (50 C.F.R., Part 259), return.
Page 9
OMB No. 1545-0074
SCHEDULE C Profit or Loss From Business
(Form 1040)
Part I Income
1 Gross receipts or sales. Caution: If this income was reported to you on Form W-2 and the “Statutory
employee” box on that form was checked, see page C-2 and check here © 1 60,288
2 Returns and allowances 2
3 Subtract line 2 from line 1 3 60,288
4 Cost of goods sold (from line 42 on page 2) 4
%
31 Net profit or (loss). Subtract line 30 from line 29.
● If a profit, enter on Form 1040, line 12, and ALSO on Schedule SE, line 2 (statutory employees,
see page C-5). Estates and trusts, enter on Form 1041, line 3. 31 20,920
● If a loss, you MUST go on to line 32.
%
32 If you have a loss, check the box that describes your investment in this activity (see page C-5).
● If you checked 32a, enter the loss on Form 1040, line 12, and ALSO on Schedule SE, line 2 32a All investment is at risk.
(statutory employees, see page C-5). Estates and trusts, enter on Form 1041, line 3. 32b Some investment is not
● If you checked 32b, you MUST attach Form 6198. at risk.
For Paperwork Reduction Act Notice, see Form 1040 instructions. Cat. No. 11334P Schedule C (Form 1040) 1997
Page 10
write to the IRS Forms Distribution Center and Easy Access to Tax Help and Forms in
nearest you. Check your income tax package your income tax package for details.
How To Get More for the address. Your local library or post of-
fice also may have the items you need.
Information For a list of free tax publications, order Tax questions. You can call the IRS with
Publication 910, Guide to Free Tax Services. your tax questions. Check your income tax
It also contains an index of tax topics and package or telephone book for the local
related publications and describes other free number, or you can call 1–800–829–1040.
tax information services available from IRS,
You can get help from the IRS in several including tax education and assistance pro-
ways. TTY/TDD equipment. If you have access to
grams.
TTY/TDD equipment, you can call 1–800–
If you have access to a personal computer
Free publications and forms. To order free 829–4059 to ask tax questions or to order
and modem, you also can get many forms
publications and forms, call 1–800–TAX– forms and publications. See your income tax
and publications electronically. See Quick
FORM (1–800–829–3676). You can also package for the hours of operation.
Index
B F H R
Business expenses, fishing ......... 2 Fishing boats, depreciation ......... 2 Help from IRS ............................ 11 Repairs and replacements .......... 3
Business, or trade defined .......... 3 Fishing expenses ........................ 2 Return due date .......................... 4
Fishing, gross income ................. 2
Form:
1040–ES ................................. 5 L S
1099–MISC ............................ 4 Local transportation ..................... 3
C 2210–F ................................... 5
Schedule C (Form 1040) ............. 3
Capital construction fund ............. 6 Schedule C–EZ (Form 1040) ...... 3
4136 ....................................... 8 Schedule SE (Form 1040) .......... 3
4868 ....................................... 6 Self-employed individuals ............ 3
8849 ....................................... 8 M Self-employed, certain fishermen 4
Schedule C (Form 1040) ....... 3 Meals ........................................... 3 Self-employment tax .................... 3
D Schedule C–EZ (Form 1040) .
Schedule SE (Form 1040) .....
3
3
Self-employment tax deduction ... 4
Depreciation: Social security benefits ............... 3
Fishing boats .......................... 2 Forms to file ................................ 3
Nets, pots, and traps .............. 2 Fuel tax credits and refunds ....... 8 N
Nets, depreciation ....................... 2
Not-for-profit fishing ..................... 3 T
Tax home .................................... 3
Trade or business defined .......... 3
E G Transportation, local .................... 3
Employment tax forms ................ 4 Gross income from fishing .......... 2 P Traps, depreciation ...................... 2
Estimated tax ............................... 4 Partners, husband and wife ........ 3 Travel expenses .......................... 3
Exemption certificate ................... 9 Patronage dividends .................... 2
Expenses, fishing ........................ 2 Pots, depreciation ........................ 2
Page 11