---
kind: "section"
citation: "20 C.F.R. § 404.1017"
title: "20"
number: "404.1017"
heading: "Sharefarmers."
url: "https://uscodex.org/cfr/20/404.1017"
---

# §404.1017. Sharefarmers.

- (a) If you are a sharefarmer, your services are not covered as employment, but as self-employment.
- (b) You are a sharefarmer if you have an arrangement with the owner or tenant of the land and the arrangement provides for all of the following:
  - (1) You will produce agricultural or horticultural commodities on the land.
  - (2) The commodities you produce or the income from their sale will be divided between you and the person with whom you have the agreement.
  - (3) **The amount of your share depends on the amount of commodities you produce.**
- (c) If under your agreement you are to receive a specific rate of pay, a fixed sum of money or a specific amount of the commodities not based on your production, you are not a sharefarmer for social security purposes.

## Notes

### Authority

Authority: Secs. 202(v), 205(a), 209, 210, 211, 229(a), 230, 231, and 702(a)(5) of the Social Security Act (42 U.S.C. 402(v), 405(a), 409, 410, 411, 429(a), 430, 431, and 902(a)(5)) and 48 U.S.C.1801.

### Source

Source: 45 FR 20075, Mar. 27, 1980, unless otherwise noted.