Hiring your children and paying them a reasonable wage can provide tax benefits. For children working in a family business, the first $5,350 paid annually is tax-free income for the child and a tax-deductible expense for the business. Paying children through a payroll system allows part of their wages to be saved in an account to pay for large personal expenses while staying tax deductible for the business. Hiring your spouse as an employee also allows the business to deduct medical expenses as an employee benefit, providing a way to deduct out-of-pocket healthcare costs.
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3306
1. Employ Your Children
Hire your kids instead of paying them an allowance!
It is quite common to see children actively involved in the family
business. Even young children can perform valuable services. Many
business owners, however, miss out on the major tax savings generated
by actually hiring their children and paying them a fair wage for their
services.
The expense is tax-deductible to you, and the income is tax-free to them.
[Reg Sec 1.162-7(a) ] The tax-free limit for dependent children was
$5,350 per child per year for 2007, and it tends to be increased
somewhat each year. The amount is equal to the Standard Deduction.
[Rev. Proc. 95-53 and IRC Section § 63(h)(2) ]
In order to qualify, the wages must be reasonable in amount, based on
services actually rendered and documented as paid. Children as young
as seven years old have been found to qualify as employees of the
parents' business. [Reference Eller v. Commissioner, 77 T.C. 934 (1981)
]
And if they are family members under 18 working for a sole
proprietorship, they are exempt from payroll taxes [IRC Section §
3121(b)(3)(A) and § 3306(c)(5) ] and the business is not required to
withhold or to pay Social Security and Medicare taxes. [Tax Court Ruling
48 TC 439, 450 (196) in the case of Denman v. IRS Commissioner]
For incorporated business owners, your corporation will have to pay
payroll tax and you do need to withhold social security/medicare from the
children's wages, but the benefits are still well worth it.
In order to qualify, the wage rate has to be "reasonable and customary"
within your region of the country and within your industry for the type of
work being performed. These wages must be paid and the appropriate
2. payroll tax returns and W-2 forms filed with the IRS and Social Security
Administration. Before hiring your children, check with your tax pro to be
sure your documentation and reporting will follow the rules. [Revenue
Ruling 73-393]
The kids (as employees) should document what they did to earn the
money, [Revenue Ruling 73-393] so have them fill out a simple "work
log" with headings like:
o Date they worked
o Type of work performed
o Amount of time spent working
o Hourly rate you paid them
** Pay Attention Here **
We're about to show you how to pay for...
o The car your high-schooler wants
o Designer-label clothes the kids demand
o Movie and Concert tickets
o A High School graduation trip
o College tuition, books and supplies
o Your daughter's expensive wedding
o And lots of other personal out-of-pocket expenses
ALL in PRE-TAX Dollars!
Here's how you can do this...
The tax-deductible $5,350/year Uncle Sam lets you pay your children as
employees, is equivalent to about $100.00 per week! But, you say, "Who
gives their kids a $100.00 per week allowance?" YOU might now! And
here's why...
Let's say you come up with the tax-free limit of about $100.00 per week
worth of business related "chores" for them to do. After they turn in their
"work log", you then pay them by check. So, you'll have to open a
separate checking account for them to deposit and cash payroll checks.
Of course, you will deposit every week's $100.00 paycheck into that
3. account. Make sure it's an interest-bearing account. (You will see why in
a minute.)
The bank will require it to be a "joint account" with you, since they are
minors. Although it is technically a "joint" account, only you will be
authorized to make withdrawals or to write checks on that account, since
the child is a minor.
Reader Alert! Here is Where It Gets REALLY Interesting...
The law requires you to pay them the wage they earned, in order for you
to be able to deduct the amount as a business expense.
These funds can now be used in a variety of ways so long as they are
for the benefit of your child. The only other specific restriction is that this
money cannot be used for your child's lodging or meals. [Rev. Rule 73-
393]
So, you simply tell your child, "I will withdraw $10 (for example) out of
each week's pay for you to spend any way you wish, however, the other
$90.00 will stay in the (interest-bearing) account to be used by you to
pay for your________."
Fill in the blank with words like car, graduation trip, wedding, or whatever
you like.
Did you ever, in your wildest dreams, anticipate that you would be able
to pay for school supplies and tennis shoes, or pay for cars, trips, and
weddings out of pre-tax dollars? It's true! It's real! And it's 100% legal!
There's another practical benefit to this strategy that is at least as
important as the tax benefits. Your child/children will begin learning the
value of a dollar. Imagine being at the mall to buy a new pair of shoes.
The child has to decide whether he or she wants the $150 designer-label
brand or the $45 generic brand - knowing that whatever they have left in
their checking/savings account will be theirs someday, to pay for their
car, trip, college, wedding, etc.
4. Isn't that a great tax-savings strategy and a great learning opportunity for
your children?
Next - Hire Your SPOUSE, So You Can Write Off Medical "Out-of-
Pocket" Expenses for YOURSELF!
This applies to sole proprietor entities only. When your spouse is an
employee of your home-business, he/she is eligible for "benefits" from
his/her employer (that's you), and those benefits are deductible as
business expenses. [IRC Section § 162(a)]
So you establish this benefit as company policy: Any and all employees
and their family members (again, that includes YOU) will be reimbursed
(by the home-business) for all medical-related expenses not covered
under any other insurance plan he/she may have under another
employer.
"Any and all employees" means your spouse and your children, "and all
members of their family" includes YOU.
A Word of Caution: Only establish this company policy if your business
will be hiring only your own family members. If you establish this policy
and then hire non-family members, you will be required to offer this
benefit to them as well, and that could defeat the purpose.
So What Just Happened?
You just set into place a strategy for legally tax-deducting all annual
insurance plan deductibles, co-pays for doctor visits, prescription drugs,
and non-covered expenses like braces, glasses, contact lenses, dental
work, and possibly even cosmetic surgery. [Reg Sec 71-588; Plr.
9409006]
No minimum thresholds apply; every single dollar is tax-deductible by
the business as an employee benefit cost.
It is important that this "policy" be established in writing, as a legal
document and that the benefit is reasonable in relation to the level of
services provided by the employee to your business. In Appendix C to
5. this system you will find a sample fill-in-the-blanks "Self-Insured Medical
Reimbursement Plan", which you may feel free to adopt or adapt, if you
wish. [Reg Sec 1.105-5(a)]
A Word About the Level of Your Spouse's Wages
A sole practitioner (Schedule C taxpayer) is not required to pay
Unemployment Taxes on the employment of a spouse; however the
business is required to pay Social Security and Medicare payroll taxes
on adult family-member employees.
Since those taxes are calculated based on a percentage of the
employee's wages, the lower the wage level, the lower the payroll taxes
will be. Even if you employ your spouse at "minimum wage", you qualify
to use this medical expense reimbursement tax strategy, so long as this
benefit is reasonable in relation to the level of services provided by your
spouse. [IRC Section § 3306(c)(5); IRS Publication 15, and IRS Circular
E all apply]
Scott C Turner, CPA Mission, Path and Today's Focus
Life Mission: His mission has always been to find a better, more
affordable method for the average to above-average smaller business
owner to successfully access a higher level of tax strategy service that
formerly could only have been obtained by the wealthier and more-
informed business owner.
The Path: He was aggressively recruited upon graduation in 1978 by
each of the "Big-8" accounting firms. He accepted an offer from Main
LaFrentz, the ninth largest CPA firm worldwide at the time, an affiliate of
KPMG, the largest international accounting firm, where he immediately
specialized in small business taxation - a specialty in which he has
remained focused to this day.
Scott Turner is the former Director of Tax Consultation Services for the
nation's second largest employee benefits provider, serving more than
6. 10 million taxpayers. This service provided an in-depth view of individual
and business questions faced by today's smaller business owners.
Today's Focus: Use the latest technological advances to relieve
business owners in reporting their financial and tax data, to establish
their best legal tax position, to implement the most updated and
appropriate tax strategies, and to provide for them the information they
need for management decisions.
He currently manages his firm in the SF Bay Area having represented
thousands of small business clients; while staying focused on his
specialty for over 25 years - Strategizing for Small Business to achieve
their best overall tax results. Though the majority of the clientele he has
served consists of average to above-average smaller business owners,
other notables include several highly successful health professionals,
multi-millionaire real estate investors, authors, and highly-regarded
Silicon Valley business consultants.