For the love of your business

The New Tax Law Makes Hiring Your Kids Smarter Than Ever

Contractors and Employees / Family Business / Save on Your Taxes

One of the biggest advantages of running a family business is being able to employ your minor children. By hiring your kids, you have the opportunity to teach them the value of hard work, give them experience managing money, and allow them to save for their future.

In turn, you get workers who have a built-in sense of commitment, teamwork, and loyalty that can’t be found anywhere else. Indeed, this sense of dedication is why so many business owners like to claim that their team is “just like family.”

On top of that, employing your minor children also comes with some substantial tax-saving benefits. And with the passage of the Tax Cuts and Jobs Act (TCJA), those benefits are now better than ever.

Earn up to $12,000 tax free
Starting in 2018, the TCJA practically doubled the standard deduction, which increased from $6,300 to $12,000. This means your children will pay zero federal income tax on anything they earn up to $12,000. This alone can save you thousands each year.

And even if your kids do earn more than $12,000 for the year, they will pay taxes at the reduced rates established by the TCJA, so they’ll still be reducing your family’s tax bill. Plus, you can deduct their salaries as a business expense, reducing your taxable income even further.

But there’s even more savings to be had. Depending on your business structure, you may be able to save serious money on your child’s payroll taxes, too.

Payroll tax exemption
If your business is a sole proprietorship, a husband-wife partnership, a single-member LLC taxed as a sole proprietorship, or an LLC taxed as a husband-wife partnership, you might not be required to withhold or pay any Social Security and Medicare tax (FICA) or federal unemployment tax (FUTA) on your kid’s wages.

This payroll tax exemption applies to parents who employ their children for either part-time or full-time work. The FICA exemption covers those kids under age 18, while the FUTA exemption lasts until they reach 21. This exemption can be used to shift some of the income from your own tax rate to your child’s rate, which is most likely significantly lower than yours.

Alternatives for corporations
If your business is set up as an S or C corporation, you don’t qualify for the payroll tax exemption. However, there are ways to get around this restriction by using some creative—yet totally legal—tax strategies.

For example, instead of paying your kids directly from your corporation, you can create a family management company and pay them from that business. By setting up this new company as a sole proprietorship separate from your primary business and paying your children from it, you won’t have to withhold payroll taxes.

If you own an S or C corporation, meet with us to learn more about such creative tax-saving strategies.

Stay in compliance
With such significant savings on the table, it’s inevitable that some people will try to abuse these provisions by claiming the benefits without having their kids do any legitimate work, or by vastly inflating their wages. To prevent this, the IRS requires your children to meet a few criteria in order to qualify for these tax benefits:

  • They must perform legitimate work appropriate to their age and skill set.
  • Their work must exceed the normal household chores they already do.
  • They must be paid the going rate for their services and not be over-compensated. 
  • Good records must be kept, including filing W-2s.
  • Their services, work conditions, and hours must be in compliance with federal and state child-labor laws.

If you employ your kids, meet with us to ensure you’re doing everything by the books and aren’t in danger of attracting unwanted attention from the IRS.

Maximize your savings
With these new benefits, there’s never been a better time to put your kids to work in the family business. That said, hiring your children is just one way you can reduce your 2019 tax bill—the TCJA provides numerous other tax-saving opportunities you might not be aware of. Consult with a Creative Business Lawyer® to make sure you don’t miss out on a single one. 

 

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