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TWC says I have no base period earnings - Can self-employment income count for unemployment?

Just got hit with some bad news from TWC. I was running my own business for about 3 years, then took a W2 position with a company about 4 months ago. They just let me go (budget cuts), and I applied for unemployment. When I checked my claim status, TWC shows I have 'insufficient wages in the base period' to qualify for benefits! It's like my entire work history doesn't exist. The base period they're looking at doesn't include much of my W2 employment since I was only there 4 months. But I was definitely earning income from my business before that - I just wasn't paying myself through payroll. Does TWC only count W2 wages for unemployment qualification? Can they consider income from when I owned my business? I reported all my business income on my taxes, but I'm guessing they don't have access to that through the wage database system. What are my options here? Has anyone successfully appealed something like this?

Grace Johnson

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Unfortunately, TWC generally only counts W2 wages for regular unemployment benefits. Self-employment income usually doesn't count toward your base period earnings unless you were paying yourself as a W2 employee through your business (like if you had an S-Corp and took a salary). Were you filing Schedule C as a sole proprietor or did you have a different business structure?

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Yeah, I was filing Schedule C. So basically I'm out of luck? Even though I was working full-time and earning income, just not as a traditional employee?

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Jayden Reed

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same boat last year! it SUCKS. the system is designed for regular employees not business owners who take a job then lose it. total bs if u ask me

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Nora Brooks

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The previous responses are correct - self-employment income reported on Schedule C doesn't count toward base period wages for TWC unemployment eligibility. The base period is typically the first four of the last five completed calendar quarters before you apply, and only includes W2 wages reported by employers. However, you might have a couple options: 1. If you had any W2 employment during the base period (even part-time) before your business, check if those wages might qualify you 2. If you worked in another state before Texas, you might be able to file a combined wage claim 3. File an appeal explaining your situation - while the chances are slim, occasionally TWC makes exceptions or can direct you to other assistance programs I'd recommend calling TWC directly to discuss your specific situation. Their regular lines are nearly impossible to get through, but I found Claimyr (claimyr.com) really helpful - they have a system that connects you directly to TWC agents without the endless busy signals. They show exactly how it works in their video demo: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh

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Thanks for the detailed response! I didn't have any other W2 employment during the base period, unfortunately. The business was my only source of income until I took this recent job. I'll definitely look into filing an appeal, though I'm not getting my hopes up based on what everyone's saying. And I'll check out that Claimyr service - I've been trying to get through to TWC for days with no luck.

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Eli Wang

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The whole system is designed to EXCLUDE self-employed people!!! I went through this EXACT situation in 2023. Had my own business for 5 years, took a corporate job for 6 months, got laid off, and TWC said I didn't qualify!!! ABSOLUTELY INFURIATING!!! They don't care that you were working and paying taxes the whole time!!!!

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While I understand your frustration, this is actually by design. Unemployment insurance is funded by employer contributions based on their payroll. When you're self-employed, you're not paying into the unemployment insurance system, which is why those earnings don't qualify. It's not that TWC is trying to exclude anyone - it's how the program is structured at a fundamental level.

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did u have an llc or were u just doing business as urself? my brother had this problem but he had an s-corp and was paying himself a small salary with w2 so he qualified for a tiny benefit amount.

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I was just a sole proprietor filing Schedule C. Sounds like your brother had the right idea with the S-corp setup. Too late for me to fix that now though.

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I worked at TWC for 6 years, and unfortunately, self-employment income cannot be used for qualifying for unemployment benefits. The unemployment insurance system is designed as an employer-funded safety net, where employers pay taxes into the UI fund based on their payroll. Since you weren't paying unemployment taxes on your self-employment income, those earnings can't be used to establish a claim. If you had a corporation and paid yourself W2 wages (with unemployment taxes), that would count. But Schedule C income doesn't qualify regardless of how much you earned or taxes you paid. If you're within your base period with your new W2 job, you might need to wait until you have enough quarters of W2 employment to qualify. Each state has different minimum earnings requirements.

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Thanks for explaining this so clearly. It's frustrating but at least I understand the reasoning now. So basically, I'd need to work at another W2 job long enough to build up qualifying wages in my base period before I could be eligible?

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Yes, exactly. In Texas, you generally need wages in at least 2 quarters of your base period, with a minimum total amount that changes annually. The base period shifts as time passes, so eventually your recent W2 employment would become part of the base period for a future claim.

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Have u tried explaining ur situation to an actual person at TWC? Sometimes they can make exceptions or point u to other programs when u don't qualify for regular unemployment. But good luck getting someone on the phone lol

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I've been trying for days with no luck. Always busy signals or getting disconnected after waiting on hold forever. Going to try that Claimyr service someone mentioned above.

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Jayden Reed

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this is why i always tell people to setup their business as an s-corp if they think theyll ever need unemployment! too late for u now but for anyone else reading this... pay yourself some w2 wages from your business so u qualify for benefits if u ever need them! learned this the hard way myself

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Grace Johnson

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While you probably won't qualify for regular unemployment, you might want to check if Texas has any self-employment assistance programs. Some states offer grants or other support for former business owners. Also, if your income has dropped significantly, look into other assistance programs like SNAP benefits or emergency assistance programs while you get back on your feet.

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That's good advice - I'll definitely check out other assistance options. Thanks for the suggestion!

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maaaan this is why the system is broken! ppl working and paying taxes but can't get help when they need it. sorry ur dealing with this bs

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