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Employing Children in your business

CareCPA

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I wanted to start a separate thread for this to not clog up the other tax thread that was ongoing. @Lyinx was asking some good questions, so here is a brief summary.

One of the biggest benefits of having your own business is being able to tax-plan more efficiently/effectively. We all hear "the wealthy have tax loopholes and havens" - but what about smaller businesses?

One "trick" is to hire your kids. Standard disclaimer: this is generic advice, and you should check with your CPA before doing this.

If you have a sole proprietorship or a single-member LLC that is taxed as a disregarded entity (i.e. you have not made an election to be taxes as an S or C Corp), or a partnership where both partners are the parents of the child being hired, then you do not pay Medicare/SS taxes on wages paid to a child under age 18 (you also don't pay FUTA on a child under 21).

Let's also keep in mind that the standard deduction for 2020 is $12,400.

So how does this work in real life?

Let's say you have a manufacturing business. You decide you want your 16-year old to work on the floor with you. You decide he's old enough to run a machine, or organize the warehouse, or whatever other task needs done.
You then must determine a reasonable wage for those tasks. Let's say a machine operator makes $15/hour.

If your kids works 15 hours a week all year, then he makes $15/hr * 15 hrs * 52 weeks = $11,700.
Since you as his parent have hired him, you pay no Medicare or Social Security tax on his wages. Since he is under the $12,400 standard deduction, then you've (hopefully) not withheld any income tax so he doesn't even need to file a return.
Now you've moved $11,700 from your high income tax bracket to a 0% income tax bracket, potentially saving yourself (and family) $11,700 * 35% = $4,095 in income taxes (plus these wages are no longer subject to self-employment taxes on your income tax return).

But wait, it gets better!
Maybe, he decided to work full time instead of part time, so he earned $15/hr * 40 hrs * 52 weeks = $31,200.
Still no Social Security or Medicare tax, since he's your child under 18 years of age. And let's assume that your business has a 401k in place that he put the maximum $19,500 for 2020 into.
Since the $19,500 401k contribution reduces his income to $31,200 - $19,500 = $11,700, which is below the standard deduction of $12,400, he still pays no income tax.
Now you've moved $31,200 from your high income tax bracket to a 0% income tax bracket, potentially saving yourself $31,200 * 35% = $10,920 in income taxes.

And even better, maybe your company matches 401k contributions to employees, an additional deduction from your business taxes with no income tax consequences to your employee/child.

These "tricks" still work even if you have a partners/S Corp/C Corp, you'll just need to evaluate if the 15.3% in Social Security/Medicare tax makes it work it (and it most likely does).
(also, note I have not factored in state taxes for obvious reasons)
ETA: US only, obviously.
 
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Ninjakid

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Let's say you have a manufacturing business. You decide you want your 16-year old to work on the floor with you. You decide he's old enough to run a machine, or organize the warehouse, or whatever other task needs done.
I don't think you get to decide this. I think it depends on the laws where you are.
 

CareCPA

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I don't think you get to decide this. I think it depends on the laws where you are.
Ok, well if that's the part you're going to get hung up on, then pretend I said "retail store" and "cashier" instead of manufacturing and working on the floor.

The basic premise stands, I don't know any state where you aren't allowed to hire a minor, but obviously check your state employment laws (I guess I assumed that was obvious).
 

Einfamilienhaus

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Do I understand it right: You are about to exploit your own child to not pay any for social Security or Medical care for him? Sounds legit. Keep it up
 
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Ronak

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Do I understand it right: You are about to exploit your own child to not pay any for social Security or Medical care for him? Sounds legit. Keep it up

Exploit? By paying them a fair wage? Kids work in family businesses all the time, hence the name.
 

CareCPA

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Do I understand it right: You are about to exploit your own child to not pay any for social Security or Medical care for him? Sounds legit. Keep it up
Can I make the assumption from your name that you are non-US based? Social Security and Medicare taxes are a specific subset of payroll tax in the US. It has nothing to do with them actually receiving medical care.
Children are only exempt from these in a family business up until they're 18 - after that, everyone pays them*.

*Except, in some instances, for religious organizations, pastors, etc.
 

Sethamus

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I have been looking into this... use my 1 year old in a few photos of my ecommerce product and 1099 him 3k as a model "these Hollywood kids get paid way more than that". Take his 3k and put into his newly formed supervised Roth IRA. No taxes, and qualified for a Roth if he gets a 1099 from the LLC.

I believe I can match his contribution into the Roth, so I would add the rest. If I'm not worried about being audited then i could just 1099 him the max amount.

What do you think? @CareCPA
 
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CareCPA

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I have been looking into this... use my 1 year old in a few photos of my ecommerce product and 1099 him 3k as a model "these Hollywood kids get paid way more than that". Take his 3k and put into his newly formed supervised Roth IRA. No taxes, and qualified for a Roth if he gets a 1099 from the LLC.

I believe I can match his contribution into the Roth, so I would add the rest. If I'm not worried about being audited then i could just 1099 him the max amount.

What do you think? @CareCPA
I wouldn't 1099 him - that would subject him to self-employment tax. Just put him on payroll, send him a W-2, and skip right by the self-employment/payroll taxes.

IRA contributions are limited to earned income, so it would be limited to $3k if that is all his wages were.

As for the amount being paid for the work being done, I don't have an opinion on that. I would say document your research just in case the IRS comes knocking. Better to have it and not need it, than need it and not have it.
 

BizyDad

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Do I understand it right: You are about to exploit your own child to not pay any for social Security or Medical care for him? Sounds legit. Keep it up
My 7 year old is already asking to work in my business. My best friend's 13 year old is too.

How is instilling a work ethic exploitation?
 
G

Guest-5ty5s4

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I wanted to start a separate thread for this to not clog up the other tax thread that was ongoing. @Lyinx was asking some good questions, so here is a brief summary.

One of the biggest benefits of having your own business is being able to tax-plan more efficiently/effectively. We all hear "the wealthy have tax loopholes and havens" - but what about smaller businesses?

One "trick" is to hire your kids. Standard disclaimer: this is generic advice, and you should check with your CPA before doing this.

If you have a sole proprietorship or a single-member LLC that is taxed as a disregarded entity (i.e. you have not made an election to be taxes as an S or C Corp), or a partnership where both partners are the parents of the child being hired, then you do not pay Medicare/SS taxes on wages paid to a child under age 18 (you also don't pay FUTA on a child under 21).

Let's also keep in mind that the standard deduction for 2020 is $12,400.

So how does this work in real life?

Let's say you have a manufacturing business. You decide you want your 16-year old to work on the floor with you. You decide he's old enough to run a machine, or organize the warehouse, or whatever other task needs done.
You then must determine a reasonable wage for those tasks. Let's say a machine operator makes $15/hour.

If your kids works 15 hours a week all year, then he makes $15/hr * 15 hrs * 52 weeks = $11,700.
Since you as his parent have hired him, you pay no Medicare or Social Security tax on his wages. Since he is under the $12,400 standard deduction, then you've (hopefully) not withheld any income tax so he doesn't even need to file a return.
Now you've moved $11,700 from your high income tax bracket to a 0% income tax bracket, potentially saving yourself (and family) $11,700 * 35% = $4,095 in income taxes (plus these wages are no longer subject to self-employment taxes on your income tax return).

But wait, it gets better!
Maybe, he decided to work full time instead of part time, so he earned $15/hr * 40 hrs * 52 weeks = $31,200.
Still no Social Security or Medicare tax, since he's your child under 18 years of age. And let's assume that your business has a 401k in place that he put the maximum $19,500 for 2020 into.
Since the $19,500 401k contribution reduces his income to $31,200 - $19,500 = $11,700, which is below the standard deduction of $12,400, he still pays no income tax.
Now you've moved $31,200 from your high income tax bracket to a 0% income tax bracket, potentially saving yourself $31,200 * 35% = $10,920 in income taxes.

And even better, maybe your company matches 401k contributions to employees, an additional deduction from your business taxes with no income tax consequences to your employee/child.

These "tricks" still work even if you have a partners/S Corp/C Corp, you'll just need to evaluate if the 15.3% in Social Security/Medicare tax makes it work it (and it most likely does).
(also, note I have not factored in state taxes for obvious reasons)
ETA: US only, obviously.
I basically did this for our business starting at the age of 15. I didn’t need the money but I always worked there to learn and save up.

The big boss is old and wears overalls but he’s smarter than other people think.

The first summer I made $8 per hour, 40 hours per week. Other kids were out playing!
 
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Last edited by a moderator:

Lyinx

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My 7 year old is already asking to work in my business. My best friend's 13 year old is too.

How is instilling a work ethic exploitation?
One small thing to watch out for with family business.. about when children turn 15, they can start to act like "it's just dad" and be disrespectful. Might be a good idea to get an outside job at a company with a good culture for a few years.

Our Family has done that for the last two boys at that age, with incredible results. 10/10 would recommend doing it for a few years.
 

Andy Black

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Our kids already know how to use Camtasia. I’ll be getting them to edit and post videos soon enough.
 

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