Is billboard/advertising income exempt from self employment taxes due to it being "real esate" income?

Asked about 4 years ago - Chicago, IL

IRC 26-A2-1402-a-1 seems to indicate all real estate and personal property associated with the real estate is exempted from the self employment tax. Does revenue from a sign posted on a building wall fall under this exemption?

Attorney answers (1)

  1. Henry Daniel Lively

    Contributor Level 20

    Answered . Rents from real estate and other personal property leased with real estate are excluded from self-employment income unless received by the individual in the course of his business as a real estate dealer. You would need to determine whether the taxpayer is a real estate dealer. If they are it is subject to SE tax, if they are not it is not subject to SE tax. You should seek the advise of a tax professional to analyze your particular facts.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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