I have a 1099-MISC with the total payment. About 30% of that should not be taxable because of my basis. The contributions to the non-qualified plan were previously subject to social security and Medicare tax.
If the full amount of the payments is showing as taxable on your return after you enter you form 1099-MISC, and you determine that they shoud not be, you will need to enter a negative adjustment to income to make the reported income correct as follows:
Thanks for the answer. I don't think it will help with the second portion, that the income is not subject to further FICA or Medicare withholding (IRC Section 3121(v). The best I have figured out is to manually enter the taxable amount on Schedule 1, line (8z) and then include a statement of explanation both as to how the taxable/non-taxable amount was determined and make clear that the payments are not subject to further withholding under FICA and Medicare. Unless there are recent changes, it appears that means I will not be able to file electronically, as TurboTax does not allow the filing of any explanatory statements with a tax return that is filed electronically. Instead I will have to print it out, add the statement and file by mail. If anyone knows another way, I would appreciate the information.
I am not sure why you mention FICA and Medicare tax, as that would not be paid in on a personal tax return. Whatever FICA or Medicare tax withheld would not be adjusted by filing a personal tax return unless your income exceeded the FICA wage limit because you had income from more that one employer. In that case you could get a refund on your personal tax return for the excess FICA tax.
You will need to mail in your tax return if you want to attach a statement like you suggest.
Not sure I understand completely your payment, but I have done cases and also has happen to me where I have stock options that are taxed when granted creating basis. If it is, then you can also show the portion that was subjected to FICA on Schedule D with basis and proceeds as the same amount and compute the rest of the gain or income as normal.