Hiring Your Kids: Family Employment Tax Strategy
Legally employ your children in your business and implement legitimate tax deductions to shift income and reduce your overall tax burden
The Family Employment Tax Strategy: An Overview
One of the most overlooked yet perfectly legal tax strategies available to business owners is hiring their children. This strategy allows you to reduce your business income through legitimate wage deductions while your children can earn income within the standard deduction limit, effectively moving money from your higher tax bracket to their lower (or zero) tax bracket.
Imagine this scenario: You own a business generating $150,000 in annual profit. By hiring your child to perform legitimate work for $10,000 per year, you reduce your taxable business income to $140,000. In the 32% federal tax bracket, this saves you $3,200 in federal taxes alone. Your child, being under the standard deduction limit, pays virtually no income tax on that $10,000. You've effectively moved $10,000 of income from a 32% tax bracket to a 0% tax bracket.
This is not tax evasion—it's tax planning. The IRS allows this strategy as long as three critical requirements are met: (1) the child must actually work in your business, (2) the work must be legitimate and age-appropriate, and (3) the wages must be reasonable for the work performed.
Understanding Family Employment Tax Strategy
Family employment tax strategy is a legitimate tax planning technique that involves hiring family members, particularly children, to perform actual work in your business or rental properties and deducting their reasonable wages as business expenses. This strategy leverages the progressive tax system and standard deduction rules to reduce your overall family tax liability.
How It Works
Here's the fundamental principle: Business expenses reduce taxable income. When you pay your child a reasonable wage for legitimate work, that payment becomes a business deduction for you and earned income for your child. Because your child likely has little or no other income, their wages fall within or below the standard deduction, resulting in minimal tax liability for them while eliminating the income from your tax return.
For 2024, the standard deduction for a dependent is $1,300 plus earned income up to $13,850. This means a child can earn up to $13,850 per year and owe little to no federal income tax. If they have no income over $13,850, they file no tax return at all.
Who Benefits Most from Family Employment Tax Strategy
This strategy benefits a specific but broad group of taxpayers who meet certain criteria:
- Self-employed business owners - Solo entrepreneurs and small business owners have the most flexibility to hire family members in legitimate capacities.
- Partnership owners - Partners can hire their children with approval of other partners.
- S-Corporation and LLC owners - Owners of these entities can employ family members for actual work performed.
- Real estate investors - Landlords can employ children for property management tasks, maintenance, cleaning, and administrative work.
- High-income earners - Those in higher tax brackets (28%, 32%, 35%, 37%) benefit most because each dollar of deduction saves them more.
- Families with multiple children - The strategy multiplies when you have two, three, or more children who can each earn up to the standard deduction limit.
Not Ideal For:
- W-2 employees - If you work for someone else, you cannot use this strategy.
- C-Corporation owners - While you can still hire your children, you must pay full payroll taxes (15.3%), reducing the benefit.
- Businesses with no legitimate work - If your business cannot offer real work for your children to perform, this strategy won't work.
Best Fit Profile
The ideal candidate for family employment tax strategy is a self-employed or small business owner with:
- A sole proprietorship, partnership, S-Corp, or LLC
- Annual business income exceeding $50,000
- One or more children aged 5-18 (though teens are more typically employed)
- Actual work that needs doing in the business
- Willingness to maintain detailed documentation
Step-by-Step Implementation Guide
Successfully implementing family employment tax strategy requires following specific steps to maximize legitimacy and minimize audit risk.
Step 1: Identify Legitimate Work Opportunities
The foundation of this strategy is identifying real work your child can perform. Common examples include:
- Administrative support: filing, organizing records, data entry, scheduling
- Social media management: posting, responding to comments, content creation
- Marketing assistance: creating graphics, writing copy, newsletter maintenance
- Property management: cleaning rental units, basic maintenance, landscaping
- Customer service: answering phones, responding to emails, managing appointments
- Inventory management: organizing stock, tracking items, taking inventory
- Photography and videography: for business use
- Website development and maintenance
Step 2: Research Market Wage Rates
Document what similar work pays in your market. Check resources like Bureau of Labor Statistics, Glassdoor, or local job listings. Your child's wage must be reasonable for the work performed. As an example, if data entry work pays $15-18/hour in your area and your child does data entry, paying them $12/hour is defensible. Paying them $50/hour for data entry would raise red flags.
Step 3: Create a Written Employment Agreement
Formalize the arrangement with a written agreement. This document should include:
- Job title and specific duties
- Hours of work
- Wage rate (hourly or salary)
- Payment schedule (weekly, bi-weekly, monthly)
- Start and end dates (or ongoing arrangement)
- Signatures of both you and your child
This document serves two critical purposes: it demonstrates to your child that this is a real job (not just getting money), and it provides crucial documentation if the IRS audits your return.
Step 4: Maintain Detailed Time Records
Have your child track hours worked using a simple time log. Include:
- Date of work
- Start and end times
- Specific tasks completed
- Signature of approving manager (you)
For example: "January 15, 2024, 2:00 PM - 4:30 PM (2.5 hours), Organized inventory and updated spreadsheet, approved by Mom."
Step 5: Make Consistent Payments
Pay your child consistently according to the employment agreement. Use one of these payment methods to create a clear paper trail:
- Bank transfer with description
- Check with memo line
- Direct deposit
- Payroll system (even simple online services)
Never pay in cash without documentation. Always create a record showing the date, amount, pay period, and what work it covers.
Step 6: Report on Your Tax Return
Report wages paid to your child as a business expense on:
- Schedule C (Form 1040) if you're a sole proprietor - Report wages in Part II, line 26
- Form 1120 if you're a C-Corporation
- Form 1120-S if you're an S-Corporation
- Form 1065 if you're a partnership
Step 7: File Your Child's Tax Return
Your child must file a tax return if their earned income exceeds $12,550 (for 2024). Even if they don't owe tax, filing is important to:
- Establish a work history
- Generate a paper trail supporting your business deduction
- Potentially recover withheld taxes
- Build Social Security credits
Real Numbers: Examples and Calculations
Let's look at specific scenarios showing potential tax savings with family employment strategy.
| Scenario | Business Profit | Children Hired | Wages Paid | Parent Tax Bracket | Parent Tax Savings | Child Tax Owed |
|---|---|---|---|---|---|---|
| One Teen | $100,000 | 1 (age 16) | $8,000 | 24% | $1,920 | $0 |
| Two Teens | $150,000 | 2 (ages 15, 17) | $20,000 | 32% | $6,400 | $0 |
| High Earner | $300,000 | 3 (ages 12, 16, 18) | $30,000 | 37% | $11,100 | $0* |
| Real Estate Investor | $80,000 | 1 (age 14) | $6,000 | 28% | $1,680 | $0 |
*Children earning under $13,850 annually typically owe no tax
Detailed Example: Sarah's Marketing Business
Sarah operates a digital marketing business as a sole proprietor generating $200,000 in annual revenue with $120,000 in profit. She's in the 32% federal tax bracket. Sarah has two teenagers: Jake (16) and Emma (14).
Sarah's Strategy:
- Hire Jake to manage social media, respond to client emails, and create monthly content calendars: $12,000/year
- Hire Emma for administrative tasks: filing, organizing records, scheduling: $8,000/year
- Total wages: $20,000/year
Tax Impact:
- Sarah's taxable business income reduced from $120,000 to $100,000
- Sarah's federal tax savings: $20,000 × 32% = $6,400
- Jake's tax liability: $0 (income under standard deduction)
- Emma's tax liability: $0 (income under standard deduction)
- Total family tax savings: $6,400
Additionally, Jake and Emma each build Social Security credits and demonstrate earned income, which could help them qualify for student loans or other programs later.
Expert Strategies: Maximizing This Opportunity
Beyond the basic implementation, sophisticated business owners use advanced strategies to amplify benefits.
Strategy 1: Combine with Retirement Plans
If your child earns income, they can contribute to an IRA or Solo 401(k) if they have self-employment income. For example, if your child works as an independent contractor instead of as your employee, they can set aside 25% of net self-employment income (up to limits) into a retirement account, further reducing taxable income.
Strategy 2: Multi-Generation Business Model
Create specific roles for each child based on age and ability:
- Younger children (8-12): Simple organizational tasks, light cleaning, basic data entry
- Teens (13-17): More complex work—social media, customer service, accounting assistance
- Young adults (18+): Management roles, significant business responsibilities
Strategy 3: Document Everything Obsessively
Keep meticulous records that demonstrate:
- Employment contract showing terms and conditions
- Time records with dates, hours, and tasks
- Payment records (bank statements, checks, or payroll reports)
- Performance evaluations or notes on quality of work
- Comparison to market rates for similar work
- If possible, photos or evidence of work performed
Strategy 4: Use Reasonable Wage Benchmarking
Don't guess at wage rates. Research exact comparables:
- Check Bureau of Labor Statistics (bls.gov) for your region and industry
- Review Glassdoor or Indeed for similar positions
- Consider your child's experience and skill level
- Document your research and keep it with your business files
Strategy 5: Time Wages to Tax Planning Needs
If your business will have a particularly profitable year, you might accelerate or expand work for family members that year. Conversely, if you anticipate lower income, you might reduce or pause family employment.
Common Mistakes to Avoid
Even well-intentioned business owners make mistakes that invite IRS scrutiny. Here are the most common:
Mistake 1: No Documentation
The #1 reason family employment deductions get disallowed is complete lack of documentation. Without proof that work was actually performed, the IRS assumes it wasn't. Maintain:
- Written employment agreement
- Time records
- Payment records
Mistake 2: Unreasonable Wages
Paying your 12-year-old $50/hour for filing is not reasonable. Neither is paying your 17-year-old $5/hour for administrative work when the market rate is $15/hour. The IRS looks at comparable positions and will disallow deductions for unreasonably high wages.
Mistake 3: No Actual Work Performed
Paying your child money without any actual work is fraud. If you simply transfer money to your child and they return it, or if they're paid for work they don't perform, the IRS will disallow it. Your child must genuinely do the work.
Mistake 4: Using Corporate Structures Incorrectly
If your business is a C-Corporation, you must pay payroll taxes (15.3% combined) on your child's wages. This significantly reduces the benefit. S-Corps and LLCs treated as sole proprietorships don't have this requirement for children under 18 employed in unincorporated businesses.
Mistake 5: Failing to File Your Child's Tax Return
Even though your child likely owes no tax, failing to file their return creates a red flag. File a tax return reporting the income to show you're treating this as a legitimate business transaction.
Mistake 6: Claiming Your Child as Dependent Then Deducting as Employee Only
You can both claim your child as a dependent and deduct their wages as an employee. These are not mutually exclusive. You claim them as a dependent based on the support test; they are your employee based on the work performed.
Mistake 7: No Written Agreement
Even a simple one-page agreement matters. It shows the IRS that you've treated this relationship professionally. Without written terms, the IRS may argue the arrangement is not a genuine employment relationship.
Family Employment vs. Other Tax Strategies
How does family employment compare to other tax-reduction strategies available to business owners?
Family Employment Strategy
Complexity: Beginner to Intermediate
Startup Cost: Minimal ($100-500)
Ongoing Compliance: Moderate (documentation)
Tax Savings: $1,000-$25,000/year
Risk Level: Very Low (IRS approved)
Best For: Anyone with a business and children
S-Corporation Election
Complexity: Intermediate to Advanced
Startup Cost: $500-$2,000
Ongoing Compliance: High (payroll, filings)
Tax Savings: $2,000-$15,000/year
Risk Level: Low to Moderate
Best For: High-income service businesses
Solo 401(k)
Complexity: Intermediate
Startup Cost: $0-$500
Ongoing Compliance: Moderate
Tax Savings: $3,000-$69,000/year
Risk Level: Very Low
Best For: Self-employed with no employees
Section 179 Deduction
Complexity: Beginner to Intermediate
Startup Cost: Minimal
Ongoing Compliance: Minimal
Tax Savings: Varies with equipment purchases
Risk Level: Very Low
Best For: Businesses with equipment needs
The Bottom Line: Family employment strategy is one of the simplest, lowest-risk ways to reduce taxes. It requires minimal cost, creates genuine business value (your children learn work ethic and business skills), and is IRS-approved. Consider combining it with other strategies like Solo 401(k)s for maximum effect.
Tools and Resources for Implementation
Several tools can help you properly implement and document family employment strategy.
Employment Agreement Templates
SCORE (score.org): Free business mentoring and templates including employment agreements.
LawDepot or RocketLawyer: Affordable customizable employment agreement templates ($10-50).
Your Local SBA Office: Free resources on creating employment relationships.
Time Tracking Software
Toggl Track (free version): Simple time tracking that creates reports showing hours worked.
Clockify: Free timesheet tracking with GPS and photo verification.
Google Sheets: Create a simple time log template using spreadsheets (completely free).
Payroll Services
Gusto: Simple payroll starting at $39/month with built-in compliance.
ADP Run: Affordable payroll for small businesses.
Wave: Free invoicing and basic payroll tracking.
Wage Research Tools
Bureau of Labor Statistics (bls.gov): Official wage data by occupation and region.
Indeed.com: Search job postings to see prevailing wages in your area.
Glassdoor: Salary research by job title and location.
Record Keeping
Google Drive or Dropbox: Store employment agreements, time records, and payment documentation securely.
QuickBooks Self-Employed: Tracks business expenses and income in one place ($15/month).
FreshBooks: Invoicing and expense tracking with audit trail.
Frequently Asked Questions
We've compiled the 15 most important questions business owners ask about family employment strategy.
Frequently Asked Questions
Yes, you can hire your child in your business and deduct reasonable wages for actual work performed. The child must do legitimate work, have earned income, and the wages must be reasonable for the work performed under IRC Section 152.
For 2024, a child with earned income must file a tax return if their income exceeds $13,850. However, even below this threshold, filing may be beneficial to get back withheld taxes. The standard deduction for dependents is $1,300 plus earned income up to $13,850.
There's no minimum age requirement for children to work in their parent's business under federal tax law. However, child labor laws vary by state and by industry. Generally, children as young as 5-7 can perform work like modeling or acting, and older children can do various tasks in family businesses.
Generally no. If your business is a sole proprietorship, partnership, or S-Corporation, you don't need to pay payroll taxes on your child under age 18 if they work in your unincorporated trade or business. However, if your business is a C-Corporation, you must pay payroll taxes. State and local laws may vary.
The wage must be reasonable for the work actually performed. It should match what you would pay an unrelated person for the same work. Document the work hours, duties, and rates. Rates significantly below market value invite IRS scrutiny and could be denied.
Yes, but this creates a red flag with the IRS. If the child's income is simply transferred back to the parent or not spent by the child, the IRS may argue the income was never actually earned or is not legitimate compensation. The child should genuinely earn and control the income.
Keep detailed records including: written employment contracts, time records showing hours worked, descriptions of work performed, wage rates, payment records, and evidence of actual work. These documents are crucial if the IRS audits your return and questions the legitimacy of the employment.
Absolutely not. You can only deduct the actual wages paid to your child. Overstating wages to inflate deductions is tax fraud and can result in penalties, interest, and potentially criminal charges.
Savings depend on your tax bracket and state taxes. If you're in the 32% federal bracket and pay your child $10,000, you save approximately $3,200 in federal taxes alone. Your child likely pays little to no tax due to the standard deduction, effectively income-shifting to a lower bracket.
Yes, earned income can affect FAFSA calculations and financial aid. However, students can exclude up to $7,040 of earned income in 2024. The impact depends on the total income and assets. Consult a financial aid advisor if this is a concern.
Yes. You can hire as many of your children as needed for legitimate work in your business. Each child receives their own wages based on work performed. This strategy multiplies your tax savings across multiple children.
If your business is a C-Corporation, the payroll tax exemption for children under 18 doesn't apply. You must pay payroll taxes on their wages. S-Corporations follow similar rules to sole proprietorships. This is an important consideration when structuring your business.
Yes, the IRS can disallow the deduction if it determines the work is not legitimate, the wages are unreasonable, or the arrangement lacks economic substance. Having documentation of hours worked, actual services rendered, and reasonable compensation is essential to defending your position.
Yes, absolutely. A written employment agreement documenting job duties, compensation, payment terms, and hours shows the IRS that this is a legitimate business arrangement. It demonstrates you've conducted business in a professional manner.
No. If you provide over half your child's support and meet other dependency requirements, you claim them as a dependent, not the child. The child cannot claim themselves. This doesn't change even with earned income, as long as you meet the support test.
IRC Section 152 defines dependent status, which typically doesn't preclude employment. You can claim your child as a dependent under IRC Section 152 while simultaneously deducting their wages as business expenses under IRC Section 162. These provisions work together, not against each other.
Related Tax Strategies and Resources
Family employment strategy works best as part of a comprehensive tax plan. Explore these complementary strategies:
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