"Hiring Your Children in Your Business: A Tax-Smart Guide to Family Employment"

Are you considering bringing your children into your family business? Smart move! But before you hand over that first paycheck, it's crucial to understand the "facts and circumstances test" that the IRS uses to validate family employment. Let's break down what you need to know to do this right.

What Makes Employment Legitimate?

The IRS looks at several key factors to determine if your child's employment is genuine. Here's what you need to establish:

  1. Bona Fide Employment Relationship
  • Your child must be a real employee
  • Work performed must serve a legitimate business purpose
  • Payment must be for actual services rendered
  • Compensation should match market rates for the work
  1. Essential Documentation (The Paper Trail) 

✓ W-2 Forms (non-negotiable)

 ✓ Detailed timesheets 

✓ Clear job descriptions 

✓ Proper payroll records 

✓ Market-rate compensation documentation. 

Red Flags to Avoid:

❌ Paying for regular household chores 

❌ Random payments not tied to actual work 

❌ Missing or inadequate work records 

❌ Payments based on what parents can afford rather than work value

Tax Benefits When Done Right:

  • FICA and FUTA tax exemptions (age-specific)
  • Potential for beneficial income shifting
  • Valid business expense deductions

Pro Tips for Success:

  1. Keep meticulous records of Hours worked
    Tasks completed
    Payment rates
    Job responsibilities
  2. Ensure all compensation is:Age-appropriate
    Competitive with market rates
    Well-documented
    Actually paid out

Need help setting up compliant family employment arrangements? Contact Sablon's Accounting Services for professional guidance on tax-smart family business strategies.

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