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IRS Targeting Family Member's Wages on Schedule C

One area the IRS appears to be targeting lately is businesses reporting income on Schedule C and deducting wages paid to the owner's children or other family members.  Hiring your children in your business can be an effective tax planning strategy.  Not only can you shift income to a lower tax bracket, wages paid to your children under the age of 18 are exempt from Social Security and Medicare taxes and it reduces your own income subject to self-employment taxes.  Spouses are sometimes employed not only to provide the spouse with Social Security credits and the ability to defer income through the use of IRA's, 401(k), or other retirement plans, but also to set up a deductible medical reimbursement plan.

However it is very important that you follow appropriate documentation guidelines to make sure this withstands IRS audit scrutiny.  Here are some things we recommend doing to help you through an audit:

  • Have the employee keep a timesheet showing the dates, hours worked, and services performed

  • Have the employee prepare the normal employee documentation such as a W-4 and Form I-9

  • Pay the child or spouse by business check and deposit the check into an account under the their name.  In the case of a child deposit the check into an account under their name.

  • Make sure the work performed is directly related to your business

  • Pay the child a reasonable wage for their age and the service they perform.  Their wages should be similar to amounts paid for similar services by similar businesses under similar circumstances, with adjustments made for their age and experience.

  • Also, make sure the payroll is not being deposited back into your own account.  In other words, don't deposit the paycheck in the child's bank account only to move it back into your own account.

The IRS appears to be taking a tough stance on this issue.  If all aspects of this activity is not arms-length, the IRS is disallowing the the deduction but ALSO imposing penalties and interest.

 

 

 


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Complete Payroll, Inc.
380 N. Terra Cotta Rd
Suite D
Crystal Lake, IL 60012

815.788.2932

info@completepayrollinc.com

 


 
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