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Can a 1 member LLC, that is taxed as an S-Corp, hire the member's child (under 18) with the wages not being subject to FICA taxes?

NPChristy
Level 3
 
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PhoebeRoberts
Level 11
Level 11

Nope. Only works for an entity taxed as a sole proprietorship, or as a partnership where all of the interests are held by the minor child's parents.

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9 Comments 9
PhoebeRoberts
Level 11
Level 11

Nope. Only works for an entity taxed as a sole proprietorship, or as a partnership where all of the interests are held by the minor child's parents.

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IRonMaN
Level 15

I would vote no.


Slava Ukraini!
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Just-Lisa-Now-
Level 15
Level 15
I was wondering when corporations started having children.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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IRonMaN
Level 15
You could always try a DNA test to confirm that.

Slava Ukraini!
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NPChristy
Level 3
is that necessary?
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itonewbie
Level 15

Nope. §31.3121(b)(3)-1(d) is clear about that.

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Still an AllStar
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NPChristy
Level 3
Thank you Phoebe and itonewbie.  I was thinking that since it was a 1 member pass through where the 1 member was the minor child's parent, it might work.  Thanks for clarifying (without the sarcasm).
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IRonMaN
Level 15
But the sarcasm is thrown in for free and who doesn't like free things?

Slava Ukraini!
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itonewbie
Level 15
Glad to be of help.  But the IRMN is right, who wouldn't want a freebie?  :joy::joy:
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Still an AllStar
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