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Family employees

3. Family Employees

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.

One spouse employed by another.

The wages for the services of an individual who works for his or her spouse in a trade or business are subject to income tax withholding and social security and Medicare taxes, but not to FUTA tax. However, the services of one spouse employed by another in other than a trade or business, such as domestic service in a private home, are not subject to social security, Medicare, and FUTA taxes.

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.

Parent employed by child.

The wages for the services of a parent employed by his or her child in a trade or business are subject to income tax withholding and social security and Medicare taxes. Social security and Medicare taxes do not apply to wages paid to a parent for services not in a trade or business, but they do apply to domestic services if:
  1. The parent cares for a child who lives with a son or daughter and who is under age 18 or requires adult supervision for at least 4 continuous weeks in a calendar quarter due to a mental or physical condition, and
  2. The son or daughter is a widow or widower, divorced, or married to a person who, because of a physical or mental condition, cannot care for the child during such period.
Wages paid to a parent employed by his or her child are not subject to FUTA tax, regardless of the type of services provided.
Previous Page: 15-2. Who Are Employees?
Next Page: 15-4. Employee's Social Security Number (SSN)
Use   to find additional instances of index items.

Master Index | List of Publications | List of Acronyms