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Avery Saint

Can I hire my kids to work for my real estate LLC and pay them as 1099 contractors?

I've just started forming a small real estate LLC for a few rental properties I'm acquiring, and I'm wondering about some tax and employment questions. My two teenagers (14 and 16) are looking for ways to earn money, and I thought maybe I could hire them to help with some basic renovation tasks - painting walls, cleaning, maybe some light landscaping at the properties. Would I be able to pay them as 1099 contractors through my LLC? I was thinking this would be great because they could earn some money, and I could help them put those earnings into Roth IRAs in their names to get them started with retirement savings early. They'd each probably earn less than $3,000 a year doing this work. Is this a legitimate business arrangement from a tax perspective? Would there be any issues with the IRS considering they're my children? I want to make sure I'm doing everything correctly before moving forward. Any insights would be appreciated!

This is actually a great question and a smart way to think about family wealth building! Yes, you can hire your kids to work in your business, but there are some important distinctions to consider. First, for a real estate LLC, you'd typically want to hire your children as employees rather than 1099 contractors. The IRS looks closely at family business arrangements, and the contractor classification might be questioned since you'd be directing their work and providing tools/supplies. As employees in your sole-proprietorship or family LLC, children under 18 aren't subject to FICA taxes (Social Security and Medicare), which is a nice tax advantage. Setting up Roth IRAs for them is an excellent idea! They can contribute up to 100% of their earned income or $6,500 (2024 limit), whichever is less. You'll need to pay them reasonable compensation for actual work performed - keep detailed records of hours worked, tasks completed, and payments made.

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Thanks for the clarification! So if I understand correctly, I should hire them as actual employees instead of contractors. Would I need to do formal payroll for this? And does that mean withholding income taxes from their paychecks?

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Yes, you should set up proper payroll for them. Since they're your children working in your family-owned LLC, you don't need to withhold FICA taxes if they're under 18, but you still need to handle income tax withholding. Many payroll services make this pretty simple nowadays. For the Roth IRA part, since their income will likely be low, they probably won't owe much if any income tax, but they'll still get the benefit of tax-free growth in the Roth accounts. Just make sure you're paying them reasonable wages for actual work performed - document their hours, tasks, and take photos of completed work as evidence.

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I went through a similar situation with my construction business and my son. I was super confused about all the tax implications until I found this service called taxr.ai (https://taxr.ai) that analyzes your specific business situation. It was really helpful because it looked at my LLC structure and explained exactly how to properly employ family members. They confirmed that I shouldn't use 1099s for my kids and walked me through setting up proper payroll and documentation. The service even provided templates for tracking hours and documenting work performed, which has been super helpful for keeping everything legitimate in case of an audit.

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How exactly does taxr.ai work? Do you need to upload financial documents or is it more of a Q&A type service? I've got a small bakery and want to hire my daughter for summer help.

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Sounds interesting but I'm skeptical of these online tax services. How accurate is their advice compared to what a CPA would tell you? I tried using TurboTax for business stuff last year and it missed some deductions my accountant caught later.

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You start by uploading relevant business docs or just answering questions about your business structure. For family employment, I just answered questions about my LLC type, my relationship to employees, and what work they'd be doing. It then generated a personalized analysis with IRS references. Their advice was actually more detailed than what my CPA initially provided. My accountant later confirmed everything was correct, especially regarding the FICA tax exemptions for family employees under 18. The documentation templates they provided have been particularly helpful for maintaining audit-ready records.

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Just wanted to update after trying taxr.ai for my bakery situation! It was actually really helpful for figuring out how to hire my daughter. They confirmed that as a single-member LLC, I could hire her as an employee without dealing with FICA taxes since she's 16, but I still needed proper documentation. The service generated a checklist of everything I needed including a job description, hour tracking form, and payment documentation. It also clarified that I can't just pay her an inflated salary - it has to be reasonable for the work performed. Going to setup her Roth IRA next month when she starts working!

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Wait, how does this actually work? They somehow get you through the IRS phone tree faster? I'm confused how a third party service could possibly help with that.

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This sounds like a scam. Nobody can magically get you through to the IRS faster. They probably just keep you on hold themselves and charge you for it. I'll just keep redialing myself, thanks.

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It's actually pretty straightforward - they use a combination of technology and timing to navigate the IRS phone system when call volumes are manageable. They don't stay on hold for you - their system secures your place in line and then calls you when you're about to be connected to an agent. They're not claiming to have special IRS access or anything shady. It's just a more efficient way to deal with the notorious wait times. I was skeptical too but after waiting on hold for 3+ hours myself the previous day, I figured it was worth trying. The peace of mind from getting official answers about my kids' employment situation was definitely worth it.

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I need to apologize for my skepticism about Claimyr. After my frustrating comment, I decided to try it anyway since I had questions about this exact topic (hiring my kids in my business). Not only did it work exactly as advertised, but I was talking to an IRS representative in about 30 minutes. The agent walked me through all the requirements for properly documenting work performed by minor children in a family business and confirmed that I needed to keep detailed timesheets and job descriptions. This saved me hours of research and gave me confidence moving forward. Sometimes it's worth admitting when you're wrong!

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One thing nobody's mentioned yet - there are different rules depending on the type of LLC. If your LLC is taxed as a sole proprietorship or partnership with just you and your spouse, the FICA tax exemption applies for kids under 18. But if it's an S-corp or C-corp, the FICA exemption doesn't apply! Also keep in mind there are federal child labor laws to consider. Even though they're your kids, there are restrictions on hours and types of work for minors.

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That's a great point about the LLC classification. Mine is currently set up as a single-member LLC taxed as a sole proprietorship. Would that mean I'd get the FICA exemption? And are there specific types of real estate tasks that would be prohibited for minors?

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Yes, with a single-member LLC taxed as a sole proprietorship, you would qualify for the FICA tax exemption for your kids under 18. That's a nice advantage for your situation. Regarding allowed tasks, the Department of Labor has specific rules about minors. For real estate work, your 16-year-old has fewer restrictions, but your 14-year-old can't operate power tools, work on ladders above certain heights, or be involved in demolition. They can do things like painting (when no climbing is required), cleaning, yard work, and basic maintenance. Just make sure to follow state labor laws too, as they can be stricter than federal regulations.

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Just wondering what payroll software ppl are using for this kind of family business situation? I tried setting up QuickBooks for my kids but it seems like overkill for just 2 part-time workers.

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I've been using Gusto for my family business and it handles the parent-child employment situation really well. It's pretty affordable for just a few employees and automatically applies the correct tax exemptions. Way simpler than QuickBooks for this specific case.

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This is such a smart approach to teaching your kids about work and saving! I went through something similar with my landscaping business and my two sons. One thing I'd add that hasn't been mentioned yet - make sure you're paying them at least minimum wage for your state. The IRS will scrutinize family arrangements, and paying below minimum wage could trigger questions about whether it's a legitimate employment relationship or just an allowance disguised as wages. Also, consider having them open their own business bank accounts to deposit their paychecks. It creates a clear paper trail and teaches them banking responsibility. My boys loved seeing their money grow in their accounts, and it made the Roth IRA conversations much more meaningful when they could see their actual earned income. The documentation aspect can't be overstated - I keep a simple spreadsheet with dates, hours, specific tasks completed, and even photos of their work. Makes tax time much smoother and gives you confidence if any questions ever come up.

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This is really helpful advice! The minimum wage point is something I hadn't fully considered. I was thinking about paying them based on the value of the work, but you're right that it needs to meet wage requirements too. The separate bank accounts idea is brilliant - it would definitely help establish that legitimate employer-employee relationship and teach them financial responsibility at the same time. Did you have any issues with banks when opening accounts for minors, or was it pretty straightforward with you as the parent? And I love the photo documentation approach! That seems like it would make record-keeping much more concrete and defensible. Thanks for sharing your real-world experience with this!

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Great question! I actually went through this exact situation last year with my property management business. You're on the right track with wanting to hire your kids, but definitely go the employee route rather than 1099 contractors - the IRS is very particular about legitimate contractor relationships, and with family members doing directed work, it's much safer to treat them as employees. A few practical tips from my experience: Make sure you have them fill out I-9 forms and W-4s just like any other employee, even though they're your kids. Keep detailed time logs - I use a simple app where they clock in/out with photos of the work site. For the types of tasks you mentioned (painting, cleaning, landscaping), those are perfect for teens and generally allowed under child labor laws. The Roth IRA strategy is fantastic! Since they'll likely be in the 0% tax bracket with $3,000 annual income, they can essentially get tax-free money into retirement accounts that will compound for 50+ years. Just remember they can only contribute up to their actual earned income, so if one kid earns $2,000, that's their max Roth contribution for the year. One last thing - consider having them complete basic safety training for any tools they'll use. It shows you're treating this as a legitimate business operation and helps protect everyone involved.

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This is incredibly thorough advice, thank you! The I-9 and W-4 forms point is something I completely overlooked - I was so focused on the tax advantages that I forgot about the basic employment paperwork requirements. The clock-in app with photos sounds perfect for creating that documented trail everyone's been mentioning. Do you have a specific app recommendation, or just any basic time tracking app with photo capability? And you're absolutely right about the safety training - that's not only smart from a liability perspective but also shows I'm treating this as a real business operation rather than just paying my kids for chores. Plus it's probably good life skills for them anyway! The 0% tax bracket insight is really encouraging. It makes the whole Roth IRA strategy even more attractive when you think about decades of tax-free growth starting from their teen years. Thanks for sharing your real-world experience with this setup!

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