Will selling my small business impact my Social Security benefits? Worried about income limits
I'm planning to retire next year and start drawing Social Security at 63, but I'm also in the process of selling my small business. The buyer is offering payments spread over 5 years (about $160,000 total). I'm confused about how this will affect my Social Security benefits. Does the money from selling my business count as income for the SS earnings limit? Will I lose some of my benefits if I accept the installment payments? I've worked for 38 years and was counting on getting both my SS benefits and these business sale payments to have enough for retirement. Really worried about making a mistake here!
20 comments
Dylan Baskin
How the sale of your business affects your Social Security benefits depends on how the sale is structured. If you're under Full Retirement Age (FRA) and receiving benefits, here's what you need to know: 1. If the sale is structured as a capital gain (selling assets or stock), this does NOT count toward the earnings test limit. 2. If structured as ordinary income (like a non-compete agreement), it WILL count toward the earnings limit. 3. If you're receiving installment payments that are classified as capital gains, these generally won't affect your benefits regardless of amount. For 2025, the earnings limit for someone under FRA is $22,320 (the entire year). You lose $1 in benefits for every $2 you earn above this limit. I'd recommend structuring the sale to maximize capital gains treatment.
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Hunter Brighton
•Thank you for explaining! The buyer wants to structure it as payments for the business assets (equipment, inventory, customer list) plus a small consulting fee for transition help. So if I understand correctly, the asset payments wouldn't count against my SS, but the consulting fees would?
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Lauren Wood
when i sold my rental property last year i got a huge tax bill but it didnt effect my ss at all. pretty sure business sales are different from regular income, atleast that's what my brother in law said. hes been collecting for 5 years and knows all the tricks
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Dylan Baskin
•You're right that capital gains from selling property generally don't affect Social Security earnings limits. However, there's an important distinction - if any portion of the business sale is structured as ordinary income (like consulting fees, as the OP mentioned), those portions would count against the earnings limit.
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Ellie Lopez
I remember worrying about this exact thing! Make sure you get a good accountant who understands both business sales AND Social Security rules. Most regular accountants missed some important details when I was selling my flower shop.
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Hunter Brighton
•That's good advice! I do have an accountant but he mainly handles my business taxes. I should probably find someone who specializes in retirement planning too.
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Chad Winthrope
The SSA earnings test is BRUTAL when you're trying to retire early. I lost nearly half my benefits when I sold my print shop because the agreement included me staying on as a "consultant" for 2 years. BIG MISTAKE! The consulting income pushed me way over the limit. Make sure MOST of your sale is structured as capital gains, not ordinary income or "services" of any kind. They don't care about your reasons - they just see the income types.
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Paige Cantoni
•THIS! My husband had the same exact problem when he sold his auto repair business. The "consulting" part killed us on benefits for 2 years. Social Security doesn't care that you built the business for 30 years - they only care about income classification in the current year.
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Kylo Ren
What about self employment tax on the business sale? Do you still have to pay that? My cousin said you do but I thought that was only for regular business income not when you sell the whole thing
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Nina Fitzgerald
•Generally, the capital gains portion of a business sale isn't subject to self-employment tax. However, any portion allocated to services (like consulting agreements, non-compete agreements, etc.) would typically be subject to SE tax AND would count against the Social Security earnings limit. This is why proper structuring of a business sale is so important when you're receiving Social Security before your Full Retirement Age.
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Ellie Lopez
I tried calling the Social Security office directly to ask about my business sale last year and was on hold for HOURS. Kept getting disconnected too. So frustrating when you're trying to make important retirement decisions!
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Lauren Wood
•I used this service called Claimyr when I needed to talk to SSA about my benefits. You put in your info and they call SSA for you, then call you back when they have an agent on the line. Saved me hours of waiting! Their website is claimyr.com and they have a video showing how it works: https://youtu.be/Z-BRbJw3puU Definitely worth it when you need specific answers from an actual SSA person.
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Nina Fitzgerald
To clarify some points about selling a business and Social Security benefits: 1. The earnings test only applies until you reach Full Retirement Age (66-67 depending on birth year) 2. For business sale income classification: - Capital gains: Not counted toward earnings test - Consulting/services: Counted toward earnings test - Goodwill: Usually capital gain, not counted - Inventory: Often ordinary income, may be counted 3. For the $160,000 sale being spread over 5 years, you could potentially structure it so that most is classified as capital gains (not affecting benefits) with minimal consulting fees. 4. Have your contract explicitly state the allocation of the purchase price to different categories (equipment, goodwill, consulting, etc.) This type of transaction needs careful planning with both a tax professional and possibly an elder law attorney who understands Social Security implications.
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Hunter Brighton
•This is incredibly helpful, thank you! I hadn't thought about how to classify the inventory vs. goodwill vs. equipment. Sounds like I need to renegotiate some aspects of the sale with my buyer before finalizing.
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Paige Cantoni
Social Security rules are RIDICULOUS!! My husband sold his construction business 2 years ago and Social Security penalized us even though most of the money was for his EQUIPMENT! We had to hire a lawyer to fight it and eventually won because we had properly documented everything as capital gains not income. DOCUMENT EVERYTHING and get a lawyer to review your sale contract BEFORE you sign!!
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Hunter Brighton
•That sounds incredibly stressful! I'm definitely going to make sure everything is properly documented now. Did you have to appeal the SSA's decision or were you able to resolve it by providing additional documentation?
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Chad Winthrope
Important point nobody's mentioned: even if you lose some benefits due to exceeding the earnings limit before Full Retirement Age, you eventually get that money back! SSA recalculates and increases your monthly benefit when you reach FRA to account for months when benefits were withheld. Many people don't realize this - you're not permanently losing those benefits, just delaying them.
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Lauren Wood
•wait seriously??? i had no idea they gave it back to you later! i've been keeping my income super low to avoid losing benefits. wish someone had told me this sooner!
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Dylan Baskin
Based on all the advice above, here's what I recommend for your situation: 1. Restructure the sale to maximize capital gains treatment (goodwill, equipment, etc.) 2. Minimize any consulting or service agreements, or delay them until you reach your Full Retirement Age 3. If you do provide some consulting, keep it under the 2025 earnings limit of $22,320 if possible 4. Get the sales agreement reviewed by a professional who understands both business sales AND Social Security rules 5. Keep detailed documentation of how the sale proceeds are classified With proper planning, you should be able to receive both your business sale payments and your Social Security benefits without significant reductions.
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Hunter Brighton
•Thank you so much everyone for all this valuable advice! I'm going to meet with both my accountant and an elder law attorney next week to rework the sale agreement. I'll focus on maximizing the capital gains portions and minimizing any consulting work until I reach full retirement age. Really appreciate all your help!
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