1825.Non-Covered Work for Pay Defined

1825.1What is non-covered work for pay?

You are performing “non-covered work for pay” if:

1. You are employed outside the U.S. in a job not covered by U.S. Social Security (see Chapter 9); or

2. You are self-employed outside the U.S. in a trade or business and your income is not subject to the U.S. Social Security tax;

3. You are a self-employed owner or part-owner of a trade or business outside the U.S. not subject to the U.S. Social Security tax and hold yourself out to the public as available to work in excess of 45 hours a month, whether or not you actually work.

1825.2Is income excluded from net earnings considered non-covered work for pay?

A trade or business that produces only income that would be excluded from net earnings if carried on in the U.S. (e.g., dividends, rentals from real estate, etc.) is not “non-covered work for pay.” Neither the foreign work test nor the earnings test applies to such income.