Could you use some extra help in the business this summer and an
excellent tax write-off? Putting your children work in your business,
even if only for the summer, is one of the most underutilized tax-saving
strategies today. It can also be a great way to teach your kids some
work ethic, money-management skills, and kick start their retirement or
college savings plan.
I've found that many business owners simply don't realize placing
children under the age of 18 on the payroll, or even grandchildren or
adult children, is an excellent strategy to minimize tax liability.
However,
there are procedures you need to follow if you hire your children, and
it is important you follow the right procedure or it could backfire on
you.
Not Withholding. A Simple and Easy Strategy
Many
business owners and parents don't realize that it’s not required to
withhold any payroll taxes when you're paying your children under 18.
This is the dreaded Federal Unmployment Tax Act (FUTA), State
Unemployment Tax Act (SUTA), and Federal Insurance Contributions Act
(FICA) taxes we all hate to withhold and match for our
employees. Moreover, in almost every state you can waive your children
out of any Workers' Compensation coverage, just like yourself, because
you cover them under your family medical plan.
- This provision to not withhold payroll taxes from your children under 18, only applies to Sole Proprietorships or a Limited Liability Company (LLC) taxed as a partnership and owned by mom and/or dad. However, if you have an S- or a C-corporation you do not receive this benefit of avoiding payroll taxes when paying your children. If you pay your children out of a corporation, you'll have to withhold payroll taxes.
- To avoid the withholding problem if you are an S- or C-Corporation, I recommend you pay children out of a family management company (Sole Proprietorship) paid a management fee from the corporation. This can be an excellent central entity to hire the kids and provide independent services to one or more of your companies.
- If you are paying children over the age of 18 or grandchildren, you have the option of treating them as either as subcontractors or employees. You will thus have to issue a 1099-MISC form next January if they are truly acting like a subcontractor, or start a W-2 and withhold typical payroll taxes if they are employees.
Your Children Shouldn’t Pay Taxes Either
Another
exciting aspect to this strategy, is that all of us, including our
children don't pay federal income taxes on the first $6,300 of income
this year. It's called the Standard Deduction. Pay someone who isn't a
relative to work for you, and they take that $6,300 of tax-free income
home with them. Hire your child, and you keep it in the family. Plus,
you can still claim your children on your tax return as a dependent and
take the exemption, even take the Child Tax Credit.
Some business
owners ask: "What about the 'kiddie tax'? Aren't the kids going to end
up paying taxes on their income at our rates anyway?" The answer is no.
The kiddie tax only applies to unearned or "portfolio" income and if the
children are working in the business it will clearly be “earned”
income.
Keep It Legitimate
I want to be
crystal clear that I'm not advocating you create some sham job for your
kids to shield income from taxes. They have to be legitimately involved
in the business. If the Internal Revenue Service audits you, you'll have
to produce records of their time worked, and you'll have to demonstrate
that the wages paid were reasonable.
Do not hire your children
simply to do "family chores." The chores will not qualify as a valid
deduction, and you could set yourself up for an audit. Pay your children
for services they perform for your business, and you'll actually
generate an expense for your income taxes by pushing income to your
children.
Take It To The Next Level. Create a Retirement and College Savings Account
An
incredible side benefit to this strategy is that once your kids have
“earned” income they can now contribute to a Roth or Standard IRA. In
fact, the Roth IRA contributions could be pulled out later for college
expenses penalty and tax free (the earnings, of course, will continue to
build and grow with the Roth IRA). This is a great opportunity to
kick-start your their retirement savings or even college savings plan
with tax-free dollars or income at their tax bracket.
My point is this: Quit paying taxes at your rates and paying for your kids expenses and contributing to their college savings plan…put them on the payroll and let them pay their own expenses.
I
have seen this strategy not only save clients thousands of dollars in
taxes, but literally change the lives of their families. Children begin
to learn a work ethic, and it can draw a family together in ways never
fathomed by small business owners. Talk to your accountant, and get your
kids to work for you before it's too late.
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