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Level 4
December 7, 2019
Solved

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?

  • December 7, 2019
  • 9 replies
  • 18 views
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Best answer by PhoebeRoberts

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.

9 replies

PhoebeRoberts
Intuit Community Champion
December 7, 2019

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.

IRonMaN
Level 15
December 7, 2019

I would vote no.

Slava Ukraini!
Just-Lisa-Now-
Intuit Community Champion
December 7, 2019
I was wondering when corporations started having children.
♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
itonewbie
Level 15
December 7, 2019

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

---------------------------------------------------------------------------------Still an AllStar
NPChristyAuthor
Level 4
December 7, 2019
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).