Can I hire my child if I have an S-Corp?
Quick Answer
An S-Corp can employ an owner's child when the employment complies with tax, payroll, and labor rules. Reasonable wages for genuine services may be deductible, and qualifying compensation may support a Roth IRA contribution. However, the FICA exemption under IRC §3121(b)(3)(A) does NOT apply to S-Corps because the corporation (not you personally) is the employer. Normal employer and employee Social Security and Medicare rules generally apply, along with required payroll filings.
The Details
What You Get (S-Corp)
- Potential wage deduction: Reasonable wages for genuine services may qualify
- Compensation: Wages are reported to the child under the applicable payroll rules
- Potential Roth IRA eligibility: Qualifying compensation may support a contribution
What You Don't Get (S-Corp)
- Parent-child FICA exemption: The corporation generally does not qualify; 15.3% is the combined employer/employee rate before limits or adjustments
The FICA exemption under IRC §3121(b)(3)(A) only applies when a child under 18 is employed by their parent. An S-Corp is a separate legal entity, and the S-Corp (not you personally) is the employer, so the exemption doesn't apply.
Comparison: S-Corp vs. Sole Prop
| Benefit | Sole Prop | S-Corp |
|---|---|---|
| Wage deduction | ✓ | ✓ |
| Income shifting | ✓ | ✓ |
| Roth IRA eligibility | ✓ | ✓ |
| FICA exemption (under 18) | ✓ | ✗ |
Is It Still Worth It?
Illustrative example (not advice): pay a child $5,000 in deductible wages, a parent in the 32% bracket saves about $1,600 in income tax; FICA treatment depends on entity type. Your numbers will differ. Confirm with a CPA.
It depends. Evaluate the genuine business need, reasonable compensation, employer and employee payroll taxes, administrative costs, the child's complete tax return, and any IRA eligibility with your advisers.
A simple wage-times-tax-rate calculation is not a reliable net-benefit estimate for an S-Corp because it omits the child's return, both sides of payroll tax, unemployment and state taxes, payroll fees, and the corporation's full return. Model the complete transaction before relying on a projected benefit.
Important Notes
- Keep records appropriate to the employment and deduction
- Use compliant payroll withholding, deposits, and reporting
- Complete required W-2 and other filings on time
- Consider whether restructuring makes sense (consult your CPA)
Learn more: How to Hire Your Kids: The Complete Guide
Sources
- IRC §3121(b)(3)(A): FICA Exemption Requirements
- IRS Family Employees: Employing Family Members
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