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42 U.S.C. § 412 — Self-employment income credited to calendar years
Federal law — U.S. Code and appendices · legal_authorities
**(a) Taxable years prior to 1978** For the purposes of determining average monthly wage and quarters of coverage the amount of self-employment income derived during any taxable year which begins before 1978 shall—
(1) in the case of a taxable year which is a calendar year, be credited equally to each quarter of such calendar year; and
(2) in the case of any other taxable year, be credited equally to the calendar quarter in which such taxable year ends and to each of the next three or fewer preceding quarters any part of which is in such taxable year.
**(b) Taxable years after 1977** Except as provided in subsection (c), for the purposes of determining average indexed monthly earnings, average monthly wage, and quarters of coverage the amount of self-employment income derived during any taxable year which begins after 1977 shall—
(1) in the case of a taxable year which is a calendar year or which begins with or during a calendar year and ends with or during such year, be credited to such calendar year; and
(2) in the case of any other taxable year, be allocated proportionately to the two calendar years, portions of which are included within such taxable year, on the basis of the number of months in each such calendar year which are included completely within the taxable year.
For purposes of clause (2), the calendar month in which a taxable year ends shall be treated as included completely within that taxable year.
**(c) Proportional allocation** For the purpose of determining average indexed monthly earnings, average monthly wage, and quarters of coverage in the case of any individual who elects the option described in clause (ii) or (iv) in the matter following [section 411(a)(16) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title4
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Stable record: federal_law:legal_authorities:record_usc_3d500f875e754f4fce09655a
Source file: Laws/federal/codes/united-states-code/title-42/section-412-self-employment-income-credited-to-calendar-years--c525c58cb9.md
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Source location: Title 42, Chapter 7, § 412; chapter-007-social-security.md
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**(a) Taxable years prior to 1978** For the purposes of determining average monthly wage and quarters of coverage the amount of self-employment income derived during any taxable year which begins before 1978 shall—
(1) in the case of a taxable year which is a calendar year, be credited equally to each quarter of such calendar year; and
(2) in the case of any other taxable year, be credited equally to the calendar quarter in which such taxable year ends and to each of the next three or fewer preceding quarters any part of which is in such taxable year.
**(b) Taxable years after 1977** Except as provided in subsection (c), for the purposes of determining average indexed monthly earnings, average monthly wage, and quarters of coverage the amount of self-employment income derived during any taxable year which begins after 1977 shall—
(1) in the case of a taxable year which is a calendar year or which begins with or during a calendar year and ends with or during such year, be credited to such calendar year; and
(2) in the case of any other taxable year, be allocated proportionately to the two calendar years, portions of which are included within such taxable year, on the basis of the number of months in each such calendar year which are included completely within the taxable year.
For purposes of clause (2), the calendar month in which a taxable year ends shall be treated as included completely within that taxable year.
**(c) Proportional allocation** For the purpose of determining average indexed monthly earnings, average monthly wage, and quarters of coverage in the case of any individual who elects the option described in clause (ii) or (iv) in the matter following [section 411(a)(16) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section411/a/16&num=0&edition=prelim) for any taxable year that does not begin with or during a particular calendar year and end with or during such year, the self-employment income of such individual deemed to be derived during such taxable year shall be allocated to the two calendar years, portions of which are included within such taxable year, in the same proportion to the total of such deemed self-employment income as the sum of the amounts applicable under [section 413(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section413/d&num=0&edition=prelim) for the calendar quarters ending with or within each such calendar year bears to the lower limit for such taxable year specified in [section 411(k)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section411/k/1&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Net earnings from self-employment** The term “net earnings from self-employment” means the gross income derived by an individual from any trade or business carried on by such individual, less the deductions allowed by this subtitle which are attributable to such trade or business, plus his distributive share (whether or not distributed) of income or loss described in section 702(a)(8) from any trade or business carried on by a partnership of which he is a member; except that in computing such gross income and deductions and such distributive share of partnership ordinary income or loss—
(1) there shall be excluded rentals from real estate and from personal property leased with the real estate (including such rentals paid in crop shares, and including payments under section 1233(a)(2) of the Food Security Act of 1985 ([16 U.S.C. 3833(a)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3833/a/2&num=0&edition=prelim)) to individuals receiving benefits under section 202 or 223 of the Social Security Act) together with the deductions attributable thereto, unless such rentals are received in the course of a trade or business as a real estate dealer; except that the preceding provisions of this paragraph shall not apply to any income derived by the owner or tenant of land if (A) such income is derived under an arrangement, between the owner or tenant and another individual, which provides that such other individual shall produce agricultural or horticultural commodities (including livestock, bees, poultry, and fur-bearing animals and wildlife) on such land, and that there shall be material participation by the owner or tenant (as determined without regard to any activities of an agent of such owner or tenant) in the production or the manag
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For the purposes of this subchapter, the term “wages” means remuneration paid prior to 1951 which was wages for the purposes of this subchapter under the law applicable to the payment of such remuneration, and remuneration paid after 1950 for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that, in the case of remuneration paid after 1950, such term shall not include—
(1)
(A) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $3,600 with respect to employment has been paid to an individual during any calendar year prior to 1955, is paid to such individual during such calendar year;
(B) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $4,200 with respect to employment has been paid to an individual during any calendar year after 1954 and prior to 1959, is paid to such individual during such calendar year;
(C) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $4,800 with respect to employment has been paid to an individual during any calendar year after 1958 and prior to 1966, is paid to such individual during such calendar year;
(D) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $6,600 with respect to employment has been paid to an individual during any calendar year after 1965 and prior to 1968, is paid to such individual during such calendar year;
(E) That part of remuneration which, aft
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 409
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purposes of this subchapter—
(1) The term “quarter”, and the term “calendar quarter”, mean a period of three calendar months ending on March 31, June 30, September 30, or December 31.
(2)
(A) The term “quarter of coverage” means—
(i) for calendar years before 1978, and subject to the provisions of subparagraph (B), a quarter in which an individual has been paid $50 or more in wages (except wages for agricultural labor paid after 1954) or for which he has been credited (as determined under [section 412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section412&num=0&edition=prelim)) with $100 or more of self-employment income; and
(ii) for calendar years after 1977, and subject to the provisions of subparagraph (B), each portion of the total of the wages paid and the self-employment income credited (pursuant to [section 412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section412&num=0&edition=prelim)) to an individual in a calendar year which equals the amount required for a quarter of coverage in that calendar year (as determined under subsection (d)), with such quarter of coverage being assigned to a specific calendar quarter in such calendar year only if necessary in the case of any individual who has attained age 62 or died or is under a disability and the requirements for insured status in subsection (a) or (b) of [section 414 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414&num=0&edition=prelim), the requirements for entitlement to a computation or recomputation of his primary insurance amount, or the requirements of paragraph (3) of [section 416(i) of this title](https://uscode.house.gov/view.xhtml?req=
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 413
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a) Primary insurance amount**
(1)
(A) The primary insurance amount of an individual shall (except as otherwise provided in this section) be equal to the sum of—
(i) 90 percent of the individual’s average indexed monthly earnings (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of this clause by subparagraph (B),
(ii) 32 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (i) but do not exceed the amount established for purposes of this clause by subparagraph (B), and
(iii) 15 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (ii),
rounded, if not a multiple of $0.10, to the next lower multiple of $0.10, and thereafter increased as provided in subsection (i).
(B)
(i) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 1979, the amount established for purposes of clause (i) and (ii) of subparagraph (A) shall be $180 and $1,085, respectively.
(ii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 1979, each of the amounts so established shall equal the product of the corresponding amount established with respect to the calendar year 1979 under clause (i) of this subparagraph and the quotient obtained by dividing—
(I) the national average wage index (as defined in [section 409(k)(1) of this title]
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 415
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) The term “Federal agency” means any department, agency, or instrumentality in the executive branch of the Government, any wholly owned Government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under Federal law.
(2) The term “State” means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, the Trust Territory of the Pacific Islands, and any political subdivision thereof.
(3) The term “State agency” means any department, agency, or instrumentality of a State or of a political subdivision of a State, any department, agency, or instrumentality of 2 or more States or of 2 or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent domain under State law.
(4) The term “Federal financial assistance” means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the District of Columbia.
(5) The term “person” means any individual, partnership, corporation, or association.
(6)
(A) The term “displaced person” means, except as provided in subparagraph (B)—
(i) any person who moves from real property, or moves his personal property from real property—
(I) as a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with
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Federal law — U.S. Code and appendices · legal_authorities
Page 1984
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 412
EFFECTIVE DATE OF 1958 AMENDMENT
Pub. L. 85–840, title III, § 313(b), Aug. 28, 1958, 72 Stat.
1036, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall apply—
‘‘(1) with respect to individuals who die after the
date of the enactment of this Act [Aug. 28, 1958], and
‘‘(2) with respect to any individual who died after
1955 and on or before the date of the enactment of
this Act [Aug. 28, 1958], but only if the requirements
of section 403(b)(2) of this Act [26 U.S.C. 1402 note] are
met.’’
EFFECTIVE DATE OF 1957 AMENDMENT
Amendment by Pub. L. 85–239 applicable, except for
purposes of section 403 of this title, only with respect
to taxable years ending on or after December 31, 1957,
see section 5(c) of Pub. L. 85–239, set out as a note under
section 1402 of Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by section 104(c)(2), (d) of act Aug. 1,
1956, applicable with respect to taxable years ending
after 1955, see section 104(i) of such act Aug. 1, 1956, set
out as a note under section 410 of this title.
Amendment by section 104(c)(3) of act Aug. 1, 1956, ap-
plicable with respect to taxable years ending after 1954,
see section 104(i) of act Aug. 1, 1956, set out as a note
under section 410 of this title.
Amendment by section 104(h) of act Aug. 1, 1956, ap-
plicable with respect to the same taxable years with re-
spect to which the amendment to section 3121(k)(1) of
Title 26, Internal Revenue Code, applies, see section
104(i) of act Aug. 1, 1956, set out as a note under section
410 of this title, and section 201(m)(2) of such act Aug.
1, 1956, set out as a note under section 3121 of Title 26.
Act Aug. 1, 1956, ch. 836, title I, § 106(b
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 412
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