- 34 - whether or not made from the proceeds of the catch, that is fixed in amount or calculated on an hourly or minimum basis or other manner unrelated to the amount of the catch. Section 31.3121(b)(20)-1(a)(2), Employment Tax Regs., provides the following example of remuneration determined “partially or fully” by a factor not dependent on the size of the catch: For example, if a boat is operated under a remuneration arrangement, e.g., a collective agreement which specifies that crew members, in addition to receiving a share of the catch, are entitled to an hourly wage for repairing nets, regardless of whether this wage is actually paid, then all crew members covered by the arrangement are entitled to receive cash remuneration other than a share of the catch and their services are not excepted from employment by section 3121(b)(20). [Emphasis added.] The preamble to the regulation states: In order for a crewman to be considered self-employed * * * The crew member must receive in payment for his services a fixed share * * * of the proceeds from the sale of the catch and he must be entitled to no other cash or property independent of the size of the catch; * * * The amount of the crew member’s share must depend solely on the amount of the boat’s catch, and therefore the amount of the share cannot be fixed at any minimum (in dollars or weight) * * *. * * * * * * * The regulation explicitly states that a crewman’s share is not dependent solely on the amount of the boat’s catch if the crewman is entitled under any individual or collective agreement to any fee, hourly wage, minimum for services, or any other amount unrelated to the size of the catch. * * * [45 Fed. Reg. 57122 (Aug. 27, 1980).]Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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