Loopholes > Federal > Hire Family Members
BUSINESS

Hire Family Members

IRC §3121(b)(3)(A)

Employ your children (under 18) in legitimate business roles. Wages are deductible to the business and sheltered by the child's standard deduction. No FICA if sole proprietorship.

Eligibility

Children under 18; no FICA if sole prop/partnership. S-Corp: FICA applies.

Frequently Asked Questions

Who is eligible for the Hire Family Members?

Children under 18; no FICA if sole prop/partnership. S-Corp: FICA applies.

How does the Hire Family Members work?

Employ your children (under 18) in legitimate business roles. Wages are deductible to the business and sheltered by the child's standard deduction. No FICA if sole proprietorship.

What law authorizes the Hire Family Members?

The Hire Family Members is authorized under IRC §3121(b)(3)(A) of the Internal Revenue Code (Title 26, United States Code).

Parameters

num_children int

number of children to employ

wage_per_child int

annual wage per child

Statutory Text — IRC §3121

Source: Internal Revenue Code, Title 26, United States Code

§ 3121. Definitions(a) WagesFor purposes of this chapter, the term “wages” means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that such term shall not include—(1) in the case of the taxes imposed by sections 3101(a) and 3111(a) that part of the remuneration which, after remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) with respect to employment has been paid to an individual by an employer during the calendar year with respect to which such contribution and benefit base is effective, is paid to such individual by such employer during such calendar year. If an employer (hereinafter referred to as successor employer) during any calendar year acquires substantially all the property used in a trade or business of another employer (hereinafter referred to as a predecessor), or used in a separate unit of a trade or business of a predecessor, and immediately after the acquisition employs in his trade or business an individual who immediately prior to the acquisition was employed in the trade or business of such predecessor, then, for the purpose of determining whether the successor employer has paid remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) to such individual during such calendar year, any remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment paid (or considered under this paragraph as having been paid) to such individual by such predecessor during such calendar year and prior to such acquisition shall be considered as having been paid by such successor employer; (2) the amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an employee or any of his dependents under a plan or system established by an employer which makes provision for his employees generally (or for his employees generally and their dependents) or for a class or classes of his employees (or for a class or classes of his employees and their dependents), on account of—(A) sickness or accident disability (but, in the case of payments made to an employee or any of his dependents, this subparagraph shall exclude from the term “wages” only payments which are received under a workman’s compensation law), or (B) medical or hospitalization expenses in connection with sickness or accident disability, or (C) death, except that this paragraph does not apply to a payment for group-term life insurance to the extent that such payment is includible in the gross income of the employee;

Showing first 3,000 characters of full section text.