At 64, He Lost Money Working for a Share of the Catch. Social Security Still Withheld His Monthly Check.

Photo of Gerelyn Terzo
By Gerelyn Terzo Published

Quick Read

  • Fishing crew paid a catch share on boats with fewer than 10 people are classified self-employed, subjecting them to Social Security's hours-based retirement test.

  • Working over 45 hours in a month triggers Social Security's substantial services rule, withholding benefits even when the fishing season produces a net loss.

  • After the first benefit year, Social Security shifts to an annual net earnings test, where a genuine business loss can eliminate income counted against the limit.

  • Read More: Learn 7 ways to generate income with a $1,000,000+ portfolio (sponsor)

This post may contain links from our sponsors and affiliates, and Flywheel Publishing may receive compensation for actions taken through them.
At 64, He Lost Money Working for a Share of the Catch. Social Security Still Withheld His Monthly Check.

© AzmanL / E+ via Getty Images

A 64-year-old fisherman spends June hauling salmon with a small commercial crew. He sleeps in a bunk barely wider than his shoulders and gets paid only when the boat gets paid: a percentage of what the catch brings at the dock. The season is poor. After his share of the trip expenses and other costs, his fishing work shows a loss for the month. He recently started Social Security, so he assumes June is safe. No profit should mean no earnings for the agency to count.

Then his June benefit is withheld. The reason begins with how he was paid. He may think of himself as a deckhand working for the skipper. Social Security may see a self-employed fisherman who spent too many hours working to count as retired that month.

A Share of the Catch Can Make Him Self-Employed

Federal rules treat certain fishing-boat crew members as self-employed even though they work on someone else’s boat. The rule generally applies when the operating crew normally has fewer than 10 people, the worker receives a share of the catch or its sale proceeds, and the amount depends on how much the boat catches. Little or no separate cash pay can accompany the share.

When those conditions line up, the deckhand is not treated like an ordinary W-2 employee. The skipper does not withhold Social Security and Medicare taxes or pay the employer’s half. The crew member reports his fishing income and expenses as a business and generally pays self-employment tax on the resulting profit. That classification also follows him into Social Security’s retirement earnings rules.

His First Benefit Year Has a Monthly Test

Social Security usually measures earnings across the calendar year. A special rule can apply for one year, commonly the first year someone retires and begins benefits. The rule allows an early claimant to receive a full check for any whole month Social Security considers him retired, even if earnings from earlier in the year already exceeded the annual limit. In 2026, someone below full retirement age (FRA) for the entire year generally must have monthly earnings of $2,040 or less.

A self-employed worker faces another test. He also must avoid performing what Social Security calls substantial services in the business. That is where the losing fishing month turns.

Social Security Counts the Hours Before the Profit

More than 45 hours devoted to a business during the month will generally be treated as substantial services. Between 15 and 45 hours can still count when the work involves a highly skilled occupation or management of a sizable operation. Fewer than 15 hours generally will not be considered substantial. The fisherman spent well over 45 hours on the boat. His share of the catch did not cover his expenses. For this monthly test, however, Social Security was looking at the hours he worked, not the profit he brought home.

Social Security is answering a different question from the tax return. The tax return asks whether the fishing business made money. The first-year monthly test asks whether he was meaningfully working. A bad catch answers the first question. Long days at sea answer the second.

The Answer Changes After the First Year

The monthly rule usually matters for only one year. After that, Social Security generally returns to the annual earnings test until the worker reaches full retirement age (FRA). Under the annual test, net self-employment earnings matter. A genuine business loss can reduce the amount Social Security compares with the yearly limit. The agency no longer decides the outcome one month at a time by looking at hours worked.

That means the same poor season can produce two results. During the first-year monthly test, long hours may cost him a check despite the loss. In a later year, the annual loss may leave him with no net earnings to count. Benefits withheld under the earnings test are not necessarily gone forever. Social Security generally credits withheld months when it recalculates the benefit at full retirement age. The immediate loss of a monthly deposit is still real.

What to Track Before the Boat Leaves

Three steps can keep a poor season from producing a second surprise:

  1. Keep a monthly log of every hour spent fishing and handling related work. Loading gear, repairing equipment, traveling for the business and completing paperwork may all matter.
  2. Save each settlement sheet and track expenses separately. Those records establish annual net self-employment income, even when hours control the first-year monthly decision.
  3. Map the fishing season before claiming. If he expects several months above 45 hours, compare filing immediately with waiting until the boat is tied up. If benefits have already started, report the working months so any withheld checks can be planned.

The catch will always carry some uncertainty. His Social Security calendar does not have to. A little planning before the season can turn a missing check from a crisis into a month he already knew how to cover.

Contact [email protected] for any questions or corrections.

Photo of Gerelyn Terzo
About the Author Gerelyn Terzo →

Gerelyn Terzo is the author of dividend investing handbook "Dividend Investing Strategies: How to Have Your Cake & Eat It Too." A veteran financial journalist, she covers agri-finance for outlets like Global AgInvesting and the broader stock market and personal finance for 24/7 Wall Street. She began at CNBC and later helped launch Fox Business in New York. Gerelyn currently resides in Woodland Park, Colorado and dabbles in nature photography as a hobby.

Continue Reading

Top Gaining Stocks

MRNA Vol: 49,994,298
SMCI Vol: 48,092,932
CDW
CDW Vol: 1,763,058
CDNS Vol: 2,984,571
AMD
AMD Vol: 18,970,901

Top Losing Stocks

CTRA Vol: 73,319,495
ALB Vol: 2,271,248
Dow
DOW Vol: 9,176,090
LYB Vol: 3,661,945
ERIE Vol: 217,792