I
have a small company with no employees. However, lately
I've needed some part-time help and wondered about hiring
my son. What are the tax and employment rules for hiring
a relative for occasional work?
Hiring your kids can be a solution to the lack of qualified
workers in today's marketplace. It also can be an effective
income-shifting strategy between parents and children.
Most likely the wages you pay your son will be taxed at
a lower rate than your income, or they may escape tax
altogether if they are within the standard deduction of
$5,150 for 2006. The wages paid to your son need to be
reasonable for the work being performed. Reasonable wages
are determined based on the following common factors:
type of work to be performed, hours of services rendered
and market rates.
Additionally you should maintain all records, including
timesheets, showing that your son performed the services.
A major benefit of hiring your children is that given
the right conditions, your company can realize huge savings
on payroll taxes. Whether you'll be subject to payroll
taxes depends on your son's age and your company's business
structure.
If your son is younger than 18 and your company is a sole
proprietorship, partnership or limited-liability company
that you, your spouse or you both own 100%, then the wages
would be exempt from payroll taxes.
But if the business is incorporated or you or your spouse
does not own 100% of the partnership or LLC, or your son
is 18 or older, the company must withhold payroll taxes
on wages paid. In addition, you would have to pay the
employer portion of the payroll taxes and federal and
state unemployment insurance.
Social Security and Medicare withholding adds up to 7.65%.
An employer must match that amount for a total cost of
15.3%.
If it makes sense for you to hire your son, you can have
him contribute to an individual retirement account and
may be able to put away as much as $4,000 as an additional
deduction for him. This contribution is limited to the
amount of earned income but between the standard deduction
and an IRA contribution, your son, no matter his age,
can earn up to $9,150 in 2006 without having any income
tax liability.