§ 412. Self-employment income credited to calendar years

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Pub. L. 81–531 · 64 Stat. 404

   Enacted · 42 U.S.C. § 412

   Aug. 14, 1935, ch. 531, title II, § 212, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 504

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title II, § 212, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 504

2. 1977

   Social Security Amendments of 1977

   Pub. L. 95–216 title III § 351(b) · 91 Stat. 1509

   1. Amended · 42 U.S.C. § 412

      Pub. L. 95–216 designated existing provisions as subsec. (a)

   2. Substituted · 42 U.S.C. § 412

      Pub. L. 95–216 substituted provisions relating to crediting of self-employment income to calendar years for provisions relating to crediting of self-employment income to calendar quarters

   3. Added · 42 U.S.C. § 412

      Pub. L. 95–216 added subsec. (b)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (b) Section 212 of such Act is amended to read as follows: 42 USC 412. “Sec. 212. “crediting of self-employment income to calendar years (a) 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) 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.”.

3. 2008

   Heartland, Habitat, Harvest, and Horticulture Act of 2008

   Pub. L. 110–246 § 15352(b)(3)(A) · 122 Stat. 1651

   Substituted · 42 U.S.C. § 412(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (A) in subsection (b), by striking “For” and inserting “Except as provided in subsection (c), for”; and

   Effective date note
   Amendment 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.

4. 2008

   Heartland, Habitat, Harvest, and Horticulture Act of 2008

   Pub. L. 110–246 § 15352(b)(3)(B) · 122 Stat. 1651

   Added · 42 U.S.C. § 412(c)

   Pub. L. 110–246, § 15352(b)(3)(B), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 110–246, § 15352(b)(3)(B), added subsec. (c).

   Enacted provision · exact public law section
   (B) by adding at the end the following new subsection: “(c) 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 211(a)(16) 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 213(d) for the calendar quarters ending with or within each such calendar year bears to the lower limit for such taxable year specified in section 211(k)(1).” .

   Effective date note
   Amendment 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.

5 of 6 references resolved to an enrolled provision · 1 partial