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How do I answer the question "Did you pay any employees in 2022" when I paid my minor children? I believe I answer No I Didn't

 
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AliciaP1
Expert Alumni

How do I answer the question "Did you pay any employees in 2022" when I paid my minor children? I believe I answer No I Didn't

It depends on how your business is structured and reported for taxes.

 

Per the IRS:

If the business is a parent’s sole proprietorship or a partnership in which each partner is a parent of the child:

  • Payments for the services of a child are subject to income tax withholding regardless of age.
  • Payments for the services of a child under age 18 are not subject to social security and Medicare taxes.  If the child is 18 years or older, then payments for the services of a child are subject to social security and Medicare taxes.
  • Payments for the services of a child under age 21 are not subject to Federal Unemployment Act (FUTA) tax.  If the child is 21 years or older, then payments for the services of a child are subject to FUTA taxes. 

You can see Family Help for more information.

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2 Replies
AliciaP1
Expert Alumni

How do I answer the question "Did you pay any employees in 2022" when I paid my minor children? I believe I answer No I Didn't

It depends on how your business is structured and reported for taxes.

 

Per the IRS:

If the business is a parent’s sole proprietorship or a partnership in which each partner is a parent of the child:

  • Payments for the services of a child are subject to income tax withholding regardless of age.
  • Payments for the services of a child under age 18 are not subject to social security and Medicare taxes.  If the child is 18 years or older, then payments for the services of a child are subject to social security and Medicare taxes.
  • Payments for the services of a child under age 21 are not subject to Federal Unemployment Act (FUTA) tax.  If the child is 21 years or older, then payments for the services of a child are subject to FUTA taxes. 

You can see Family Help for more information.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

How do I answer the question "Did you pay any employees in 2022" when I paid my minor children? I believe I answer No I Didn't

so the answer is yes if you take a deduction for what you paid them. you should also have filed w-2's  for their gross compensation even if not subject to FICA/Medicare or withholding. The IRS generally takes a dim view of treating your children as independent contractors (1099-NEC). 

***

see 1040 instructions in charts B & C as to whether returns need to be filed for your kids.

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf 

 

 

 

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