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In an April 10, 2000 article by TMF AnnC concering Roth IRA's for kids, she stated that children who work for their parents' business are exempt from self employment tax. I looked thru Publication 4: Students guide to Federal Income Tax and Publication 533 on Self Employment Tax and could not find a reference. Does anyone know is this can be substantiated? Thanks for any help anyone may provide.
The following is excerpted from Pub 15, Circular E, Employer's Tax Guide, pg. 7:
Child employed by parents. Payments for the services of a child under age 18 who works for his or her parent in a trade or business are not subject to social security and Medicare taxes if the trade or business is a sole proprietorship or a partnership in which each partner is a parent of the child. If these services are for work other than in a trade or business, such as domestic work in the parent's private home, they are not subject to social security and Medicare taxes until the child reaches age 21. However, see Covered services of a child or spouse below. Payments for the services of a child under age 21 who works for his or her parent whether or not in a trade or business are not subject to Federal unemployment (FUTA) tax. Although not subject to FUTA tax, the wages of a child may be subject to income tax withholding.
<snip>
Covered services of a child or spouse. The wages for the services of a child or spouse are subject to income tax withholding as well as social security, Medicare, and FUTA taxes if he or she works for:
1) A corporation, even if it is controlled by the child's parent or the individual's spouse,
2) A partnership, even if the child's parent is a partner, unless each partner is a parent of the child,
3) A partnership, even if the individual's spouse is a partner, or
4) An estate, even if it is the estate of a deceased parent.
<end excerpt>
Hope this helps.
Ira
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