Can I collect Social Security at 63 while transferring LLC ownership to spouse?
Hey all, I'm in a bit of a pickle with our family business and Social Security timing. My husband and I jointly run an LLC (though it's technically in my name), and we split the work 50/50. I'm turning 63 in August and thinking about claiming my SS benefits then, but I'm worried about how our business arrangement might impact things. I've been considering transferring the LLC 100% to my husband's name and then working as a contractor instead. He's younger than me and isn't planning to collect SS yet. I'm totally confused about who I should talk to about this - a Certified Financial Planner? Someone at the Social Security office? A specific type of attorney? I'm concerned about how this might affect my benefit amount, self-employment taxes, and whether this arrangement would raise red flags with the IRS or SSA. Has anyone navigated something similar with their small business when claiming SS early?
21 comments


StarSurfer
This is definitely something you need professional guidance on. A good CFP who specializes in retirement planning and small business would be my first stop, then possibly an accountant who understands both SS rules and business taxation. Changing your business structure right before claiming benefits could potentially look like you're trying to avoid the earnings test if you're earning over the annual limit ($21,240 for 2025 if you're under FRA). Remember that at 63, you're taking a 25-30% permanent reduction in benefits from your Full Retirement Age amount. If you continue working at the LLC in any capacity and earn above the annual limit, SS will withhold $1 for every $2 you earn above that limit until you reach your FRA.
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Yuki Nakamura
•Thanks for the insight! I hadn't considered how the timing might look suspicious. Do you think it matters if I make the change a few months before applying for benefits? And yes, I'm aware of the reduction for claiming early, but our financial situation makes it necessary right now. Would showing that my husband and I have always split the work help my case?
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Carmen Reyes
honestly ive never heard of anyone doing this before but sounds like ur trying to game the system? no judgment just saying ss people arent dumb they see this stuff all day
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Yuki Nakamura
•I'm definitely NOT trying to game the system! We've legitimately been running this business together for years, but it's just in my name for historical reasons. I just want to make sure we're structuring things properly as I transition toward retirement.
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Andre Moreau
You need to speak with a tax attorney who understands both business law and Social Security regulations. This is really about proper business restructuring with retirement implications, not just a financial planning question. The key issues to consider: 1. Substance over form - the SSA and IRS look at the reality of who's doing the work, not just paperwork 2. Material participation rules - if you're still materially participating in the business, your classification matters less than your actual involvement 3. Income timing and characterization - changing from owner to contractor changes how income is reported I did something similar with my S-Corp when I retired, but timing is critical. Document the legitimate business reasons for the change beyond just Social Security benefits.
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Zoe Christodoulou
•This ^^^^^ totally agree with all of this. My brother tried something like this and got flagged for an audit. Not fun!
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Jamal Thompson
I went through something SIMILAR with my husband's plumbing business when I started collecting SS at 62. The Social Security office was ABSOLUTELY USELESS when I tried asking these questions!!! Spent 3 DAYS trying to get through on the phone and when I finally did the person couldn't answer ANYTHING about business ownership!!! We ended up paying a CPA who specializes in small businesses and retirement planning about $500 for a consultation. WORTH EVERY PENNY!!!! She helped us restructure things properly so I could collect benefits without issues. BE CAREFUL with this - if you do it wrong they can come after you for overpayments later which is a NIGHTMARE!!!
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Yuki Nakamura
•Oh wow, that's exactly what I'm worried about! I definitely don't want to trigger an audit or end up with an overpayment situation. Did you have to go to a specialized CPA or did your regular tax person handle it?
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Mei Chen
If you're trying to reach the Social Security office to discuss this, good luck! I tried for weeks to get someone knowledgeable on the phone about my business situation. What finally worked was using Claimyr.com - they got me through to an actual person at SSA in about 15 minutes instead of waiting on hold for hours. They have a video that shows how it works: https://youtu.be/Z-BRbJw3puU For your actual question, I'd suggest talking to both SSA and a tax attorney. In my experience, the rules about self-employment and contracting while collecting benefits are pretty complex.
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CosmicCadet
•I second this recommendation! I used Claimyr last month when I was trying to sort out an issue with my SSDI application. It was so much easier than calling directly. But definitely get the business advice from a proper tax attorney, not just rely on what the SSA rep says.
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Yuki Nakamura
•Thank you! I'll check out that service. I've been dreading the phone call process with SSA, especially for something complicated like this. And good point about getting specialized tax advice too.
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Andre Moreau
One more critical point: If you're planning to switch to being a contractor, be aware that the SSA and IRS apply strict tests to determine if you're genuinely an independent contractor versus an employee. Changing just the paperwork but maintaining the same work relationship, schedule, and control factors could trigger reclassification. Since it's a family business, this gets extra scrutiny. And regarding benefit reduction - at 63, you're taking approximately a 25% permanent reduction from your Full Retirement Age benefit. Make sure you've calculated whether the early filing makes financial sense in your specific situation.
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Yuki Nakamura
•That's a really good point. We would need to clearly define different responsibilities than what I'm doing now. The 25% reduction is significant, but we've done some calculations and with our current situation, it actually makes sense for us. Thanks for the detailed advice!
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CosmicCadet
My situation wasn't identical but similar - I owned a retail shop with my wife and claimed SS at 64. We met with someone who was both a CPA and a CFP, which was perfect for this kind of complex situation. They helped us restructure ownership in a legitimate way that satisfied both tax requirements and Social Security rules. The key is documenting the business purpose for the change beyond just your SS benefits. In our case, it was part of a broader succession plan as I reduced my hours. We also made sure to properly document the change in my work responsibilities. This is definitely not something to DIY!
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Yuki Nakamura
•Having someone who's both a CPA and CFP sounds ideal. Did you find them through a referral? We actually do have legitimate business reasons beyond just SS - my husband has been taking on more responsibility as I've been having some health issues, so this would formalize what's already happening.
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Zoe Christodoulou
just remember whatever u do dont lie to the goverment my uncle tried to do something with his business when he got ss and ended up owing like $18,000 back!
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Yuki Nakamura
•Definitely not planning to lie! I want to do this 100% properly and legally. That's exactly why I'm trying to figure out who to talk to before making any changes.
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StarSurfer
After reading through this thread, I think your best approach is: 1. First, consult with a business attorney who understands SS issues OR a CPA with business restructuring experience 2. Document legitimate business reasons for the change (succession planning, health issues you mentioned) 3. Create clear differences in your new contractor role versus your current owner role 4. Implement changes at least 6 months before filing for benefits to establish a pattern 5. Then use the Claimyr service others mentioned to reach SSA efficiently to confirm your specific situation Keep in mind the earnings test isn't just about W-2 income - net earnings from self-employment count too. Given the complexity here, professional guidance is absolutely worth the investment.
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Yuki Nakamura
•This is such a clear roadmap - thank you! I think I'll start with a CPA who has experience with business restructuring and then follow these steps. The 6-month buffer before applying for benefits makes a lot of sense to establish that this isn't just a paper change. I really appreciate everyone's advice!
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Butch Sledgehammer
As someone who's been through the Social Security maze, I'd strongly recommend getting everything documented BEFORE you make any changes. The SSA looks very carefully at timing when business structures change right before benefit applications. One thing I haven't seen mentioned - make sure you understand how the spousal benefit calculations might be affected too. If your husband is younger and will be claiming later, there could be strategic considerations about when each of you files that a good retirement planner can help optimize. Also, keep detailed records of your current work split (50/50 as you mentioned) and how that will genuinely change after the transfer. The more documentation you have showing this is a real business evolution rather than just a benefits strategy, the better position you'll be in if questions arise later. The professional consultation fees are definitely worth it to avoid potential overpayment issues down the road!
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Ella Cofer
•That's a really important point about spousal benefits that I hadn't fully considered! Since my husband is younger, there might be some strategic timing we should look at. And you're absolutely right about documentation - I'm going to start keeping detailed records of our current work arrangement so we can show how things actually change, not just on paper. This whole thread has been so helpful in showing me this isn't something to rush into without proper planning and professional guidance.
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