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IRS Cracking Down on Self-Employment Income (Avoid These Mistakes!)
Jasmine DiLucci, Tax Attorney, CPA, EA · Watch on YouTube · Generated with SnapSummary · 2026-09-15

00:00 If you're self-employed and you're

00:01 obsessed with lowering your taxes,

00:02 there's a good chance you're missing one

00:04 of the main drivers of your tax bill.

00:06 Okay, it's a tax most people don't

00:08 understand fully, rarely reduce on

00:09 purpose, and often ignore completely by

00:11 focusing on all the wrong strategies.

00:13 And if you don't fix this first, you can

00:15 spend the next 5 years tax planning and

00:17 barely move the needle. So, today I'm

00:18 going to show you what self-employment

00:20 tax really is, why it feels so painful,

00:22 and what legitimately lowers it versus

00:24 what just sounds good. And I'm Jasmine

00:26 Dilucci, I'm a practicing tax attorney,

00:27 CPA, and enrolled agent. Every year I

00:30 see self-employed taxpayers, especially

00:32 freelancers, consultants, and early

00:33 S-corp owners struggle with the same

00:35 misunderstanding and it's one of the

00:36 biggest reasons their tax bills feel so

00:39 out of control. And by the end of this

00:40 video, you'll understand three things.

00:42 Okay, the part everyone misses, the tax

00:44 you're actually paying and why it feels

00:45 so much worse than you expect, what

00:47 doesn't work, the things people do that

00:49 they think lowers self-employment tax,

00:51 but it usually doesn't, what actually

00:53 works, the few situations that actually

00:55 change the outcome, and when they're

00:57 worth using. Let's start with the part

00:59 everyone misses. Because until you

01:00 understand what this tax actually is,

01:02 none of the strategies make sense. Okay,

01:04 self-employment tax is not a special

01:06 punishment, it is just social security

01:08 and Medicare tax. When you're a W-2

01:10 employee, you pay about 7.65% in payroll

01:13 tax, and your employer quietly pays the

01:15 other 7.65%

01:17 You never really feel it because half of

01:19 it is hidden from you, and the other

01:20 half is automatically withheld and never

01:22 deposited into your bank account. When

01:24 you become self-employed, that changes.

01:26 Now, you're paying both halves and

01:28 neither are withheld from your paycheck

01:29 in advance, and that's where the 15.3%

01:32 tax comes from. And because it's not

01:34 withheld, you actually see it on your

01:35 tax return, and that is why people are

01:37 often shocked. They'll say, "I only made

01:39 $50,000. Why does it feel like I'm in a

01:42 crazy tax bracket?" And it's usually

01:44 because you have your income tax plus

01:46 state tax if you're in a state like

01:48 California, plus another 15.3% in

01:51 self-employment tax. Most people don't

01:53 realize how expensive self-employment is

01:55 until the first tax return hits them in

01:56 the face and here's the part people

01:58 really misunderstand. Self-employment

02:00 tax is tied to you working in the

02:02 business. It is the tax on active

02:04 income. That's why W-2 wages have it,

02:07 Schedule C profit has it, partnership

02:09 active income has it. It's the same

02:11 underlying tax the whole time, okay?

02:13 Social Security tax and Medicare, but

02:15 it's collected differently depending on

02:17 how you earn the income. It's

02:19 self-employment tax if you're a Schedule

02:20 C filer or certain partners and payroll

02:23 tax if it's paid as wages through an S

02:25 or a C corporation. So, before we even

02:27 talk about lowering it, you need to

02:28 understand this tax exists because you

02:31 are both the employee and the employer.

02:34 Now that everyone understands the part

02:35 everyone misses, let's talk about what

02:37 doesn't work, okay? The stuff people do

02:39 that they think lowers self-employment

02:40 tax, but it usually doesn't. Most tax

02:42 strategies don't touch self-employment

02:44 tax at all, okay? Here are the big ones

02:46 that I see. Real estate. And we know

02:47 this because IRC 1402A1 specifically

02:50 excludes rentals from real estate from

02:52 net earnings from self-employment unless

02:55 you're providing substantial services or

02:57 operating as a dealer. If you already

02:59 have business income subject to

03:00 self-employment tax, buying rental

03:02 property doesn't change that calculation

03:04 at all. Where real estate does shine is

03:06 income tax planning, right?

03:07 Depreciation, long-term appreciation,

03:09 and timing of taxable events, but it

03:11 does not retroactively lower the

03:13 self-employment tax coming from your

03:14 Schedule C or active business. The

03:16 second is forming an LLC, right? An LLC

03:18 is a legal entity, it is not a tax

03:20 entity, and if you're a one-owner LLC,

03:23 the default tax treatment is that it is

03:25 a disregarded for federal income tax

03:26 purposes. That literally means it is

03:29 ignored in full. You're still a Schedule

03:32 C sole proprietorship as if no LLC

03:34 exists and still fully subject to

03:37 self-employment tax. And if you're a

03:38 multi-member LLC, you're by default a

03:40 partnership for tax purposes. Active

03:42 partnership income is still subject to

03:44 self-employment tax and LLC by itself

03:47 does absolutely nothing for

03:48 self-employment tax. And the third is

03:50 offsetting the wrong tax base, Okay,

03:52 this is where people confuse income tax

03:54 planning with self-employment tax

03:56 planning. Deductions can reduce income

03:58 tax. They do not automatically reduce

04:00 self-employment tax the way that people

04:02 expect. Here's an example. The husband

04:04 owns a medical practice that generates

04:06 significant income. The wife decides to

04:08 start a software business with

04:10 significant losses thinking this is

04:12 going to wipe out our tax bill. It makes

04:14 sense. The loss in one business is

04:16 larger than the income in the other

04:17 business. Common sense might tell you

04:19 there would be no tax due. For income

04:22 tax purposes, that loss may help offset

04:24 the taxable income on the joint return,

04:25 but self-employment tax is calculated

04:27 per person based on who earned the

04:29 income. So, the wife's software business

04:31 loss does not reduce the husband's

04:33 self-employment tax from his medical

04:35 practice. His income is still subject to

04:37 self-employment tax in full. So, now

04:40 that you understand the part everyone

04:41 misses and what doesn't work, let's talk

04:43 about what does work. Okay, the real

04:44 levers that actually change

04:46 self-employment tax. There are only a

04:47 handful of ways to reduce exposure to

04:49 self-employment tax. Okay, lever one, be

04:51 a limited partner. This is one of those

04:53 few situations where partnership income

04:55 can legitimately avoid self-employment

04:57 tax. Under statute, a limited partner's

04:59 distributive share of partnership income

05:01 is generally excluded from

05:02 self-employment tax other than

05:04 guaranteed payments for services. In

05:05 applying the statute, courts and the IRS

05:07 have consistently focused on whether the

05:09 income represents a return on invested

05:11 capital rather than compensation for

05:13 services. Okay, where a partner is a

05:14 bonafide limited partner under state law

05:17 and is functionally limited in

05:18 participation and management rights, the

05:19 distributive share is properly

05:21 characterized as a capital return and

05:23 falls within the statutory exclusion.

05:26 That said, this is not a free pass.

05:27 Okay, the analysis still turns on legal

05:30 status and economic substance. The

05:32 partner must actually be a limited

05:34 partner under state law. Lever two,

05:36 forming an S corporation. Okay, this is

05:37 a big one that people hear about online.

05:40 And in an S corporation, the owner wears

05:41 two hats. First, you pay yourself a

05:44 reasonable salary for the services you

05:45 actually perform. That salary is subject

05:47 to payroll taxes, which are economically

05:49 equivalent to self-employment tax, okay?

05:51 Just collected through a corporation.

05:53 Any remaining profit can then be

05:54 distributed as S corporation

05:56 distributions, which are not subject to

05:57 payroll tax, okay? And here's what

05:59 people get wrong. Timing matters. This

06:02 strategy only reduces taxes if the

06:04 business generates enough profit to pay

06:06 a reasonable salary and still leave

06:08 excess earnings to distribute. Electing

06:10 S corp status too early often results in

06:13 higher compliance costs, more

06:14 administrative burden, and little to no

06:16 tax savings because most or all of the

06:18 income must still be paid out as wages.

06:20 And as the business grows, reasonable

06:22 compensation does not scale as a fixed

06:24 percentage of net income. Despite common

06:26 rules of thumb that you'll hear online

06:27 like pay yourself 30%, the legal

06:30 standard does not permit formula-based

06:31 compensation. The Treasury regulation

06:33 provides that compensation is reasonable

06:35 if it is such amount as would be

06:37 ordinarily paid for like services by

06:39 like enterprises under like

06:41 circumstances. In other words,

06:43 reasonable compensation is driven by the

06:45 value of the services performed, not by

06:47 how profitable the company becomes. As

06:49 profits increase, distributions may

06:51 scale, wages do not automatically do so.

06:54 And lever number three, tax plan for

06:56 deductions inside your business, okay?

06:57 And this is the lever most people think

06:59 they're pulling, but usually aren't.

07:01 Deductions don't reduce self-employment

07:02 tax just because they exist. They only

07:04 matter when they are properly

07:06 attributable to the active trade or

07:08 business activity owned by the same

07:09 taxpayer and included in net earnings

07:12 from self-employment. Real deduction

07:14 planning means understanding what

07:15 actually reduces net earnings from

07:16 self-employment, not just taxable

07:18 income. Things like retirement plans,

07:20 accountable plans, health insurance,

07:21 depreciation, and benefit structures can

07:23 reduce income exposed to self-employment

07:25 tax, but only when they are implemented

07:27 correctly, supported by the facts,

07:29 appropriate for the stage of business

07:30 that you're in, and most importantly

07:32 attributable to the business for the

07:34 taxpayer with self-employment earnings.

07:36 Here's the bottom line. Self-employment

07:38 tax feels so painful because most people

07:40 don't actually understand it. Once you

07:42 do, you can stop fighting it and start

07:44 factoring it into your planning

07:45 intentionally, legally, and at the right

07:47 time. And that's the difference between

07:49 chasing strategies that sound good and

07:51 usually the few levers that actually

07:53 change the outcome. And if you want real

07:54 tax law explained by practicing tax

07:57 attorney and CPA, subscribe.

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