paying spouse of a single member llc

in a single member llc can the llc pay wages to the member spouse? and if so what taxes are they subject to?

Answer

Your LLC can pay W-2 wages to any non-member that does work for it.

This includes your spouse and children.

As an employer, the LLC will be responsible for the whole gamut of taxes required of any employers. That means the employer share of Social Security and Medicare taxes, withholding of state and federal income taxes, and so on. I strongly recommend you use a payroll service from a company such as Quickbooks Payroll to handle this for you if you go this route.

The other alternative, if the spouse qualifies, is to pay the spouse as an independent contractor. In that case, the spouse would receive a 1099 at the end of the year and would pay the same taxes any 1099 person must--state, federal, and self-employment.

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paying spouse of a single member llc

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Aug 07, 2011
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Paying spouse who is on Soc Security and Medicare
by: Anonymous

My spouse, is 75 y.o and is on soc security and receives medicare. He does the bookkeeping for my medical practice which is a PLLC. If I were to pay him a wage for his bookkeeping time do I still have to pay the Social Security and Medicare tax? My limited understanding of PLLC indicates he doesn't qualify as an independent contractor because he only offers this service to my PLLC. Is that accurate?

Response

Employee vs. Independent Contractor classification does not depend on the type of entity the "employer" is (PLLC vs. LLC vs. Corporation, etc.)

Instead, the IRS uses a multi-factor test [will open in a new window at irs.gov] to determine whether a person is an independent contractor or an employee.

The main factors are:

1. Behavioral (control)
2. Financial
3. Type of Relationship

Use the above link for more information.

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