Title 42, The Public Health and WelfareRelease 119-110

§412 Self-employment Income Credited to Calendar Years

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER II — FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS › § 412

Last updated Sep 22, 2026|Official source

Summary

Count self-employment income when figuring average indexed monthly earnings, average monthly wage, and quarters of coverage. For tax years that begin before 1978: if the tax year is the calendar year, spread the income evenly across that year’s four calendar quarters. If the tax year is not the calendar year, spread the income evenly to the calendar quarter in which the tax year ends and to each of the up to three preceding calendar quarters that the tax year covers. For tax years that begin after 1977 (unless subsection (c) applies): if the tax year is the calendar year or both starts and ends within the same calendar year, assign the income to that calendar year. If the tax year spans two calendar years, split the income between those two years based on how many months in each calendar year are completely inside the tax year; the month the tax year ends counts as completely inside. If an individual elects the option referenced in the law, allocate the income between the two calendar years using the ratio of the totals under section 413(d) for the calendar quarters ending with or within each year to the lower limit in section 411(k)(1).

Full Legal Text

Title 42, §412

The Public Health and Welfare, Source: USLM XML via OLRC

(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 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 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Subsec. (b). Pub. L. 110–246, § 15352(b)(3)(A), substituted “Except as provided in subsection (c), for the purposes” for “For the purposes” in introductory provisions. Subsec. (c). Pub. L. 110–246, § 15352(b)(3)(B), added subsec. (c). 1977—Pub. L. 95–216 designated existing provisions as subsec. (a), substituted provisions relating to crediting of self-employment income to calendar years for provisions relating to crediting of self-employment income to calendar quarters, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of Title 7, Agriculture. Amendment by section 15352(b)(3) of Pub. L. 110–246 applicable to taxable years beginning after Dec. 31, 2007, see section 15352(c) of Pub. L. 110–246, set out as a note under section 1402 of Title 26, Internal Revenue Code.

Effective Date

of 1977 AmendmentAmendment by Pub. L. 95–216 effective Jan. 1, 1978, see section 351(d) of Pub. L. 95–216, set out as a note under section 409 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 412

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110