Trade or business
The term “trade or business”, when used with reference to self-employment income or net earnings from self-employment, shall have the same meaning as when used in section 162 (relating to trade or business expenses), except that such term shall not include—
(1)#
the performance of the functions of a public office, other than the functions of a public office of a State or a political subdivision thereof with respect to fees received in any period in which the functions are performed in a position compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by such State and the Commissioner of Social Security pursuant to section 218 of the Social Security Act;
(2)#
the performance of service by an individual as an employee, other than—
(A) service described in section 3121(b)(14)(B) performed by an individual who has attained the age of 18,
(B) service described in section 3121(b)(16),
(C) service described in section 3121(b)(11), (12), or (15) performed in the United States (as defined in section 3121(e)(2)) by a citizen of the United States, except service which constitutes “employment” under section 3121(y),
(D) service described in paragraph (4) of this subsection,
(E) service performed by an individual as an employee of a State or a political subdivision thereof in a position compensated solely on a fee basis with respect to fees received in any period in which such service is not covered under an agreement entered into by such State and the Commissioner of Social Security pursuant to section 218 of the Social Security Act,
(F) service described in section 3121(b) (20), and
(G) service described in section 3121(b)(8)(B);
(3)#
the performance of service by an individual as an employee or employee representative as defined in section 3231;
(4)#
the performance of service by a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order;
(5)#
the performance of service by an individual in the exercise of his profession as a Christian Science practitioner; or
(6)#
the performance of service by an individual during the period for which an exemption under subsection (g) is effective with respect to him.
The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual unless an exemption under subsection (e) is effective with respect to him.