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August 6, 2020
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Need to Amend a dependent's return in Turbotax 2019

  • August 6, 2020
  • 1 reply
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Our LLC (taxed as partnership) paid my kids but if a dependent receives a 1099-MISC they do not have to pay self-employment if both parents are partners and they are.  Turbotax does not ask this even though it handles my taxes.

 

How do I file a 1040X in TurboTax Premier if it doesn't even know this tax rule?

 

This is the IRS's rule:  

"Child employed by parents. Payments for the services of a child under age 18 aren't subject to Social Security and Medicare taxes, if the business is a sole proprietorship or a partnership in which each partner is a parent of the child. Payments to a child under age 21 aren't subject to FUTA. Payments are subject to income tax withholding, regardless of the child's age.

Payments for the services of a child are subject to income tax withholding as well as Social Security, Medicare and FUTA taxes if they work for:

  • A corporation, even if it's controlled by the child's parent, or
  • A partnership, even if the child's parent is a partner, unless each partner is a parent of the child."

Source: https://www.irs.gov/newsroom/tax-treatment-for-family-members-working-in-the-family-business

 

Now, then, where in Turbotax can I find this so I can amend the return properly?

Best answer by Critter-3

Oh you messed up ... you had to pay the kids as EMPLOYEES  and issue them  W-2 forms to get the FICA taxes waived.  Since you paid them as independent contractors on form 1099-misc then the program handled it correctly.  

 

"Child employed by parents. Payments for the services of a child under age 18 aren't subject to Social Security and Medicare taxes, if the business is a sole proprietorship or a partnership in which each partner is a parent of the child. Payments to a child under age 21 aren't subject to FUTA. Payments are subject to income tax withholding, regardless of the child's age."   https://www.irs.gov/pub/irs-pdf/p15.pdf

1 reply

Critter-3
Critter-3Answer
August 6, 2020

Oh you messed up ... you had to pay the kids as EMPLOYEES  and issue them  W-2 forms to get the FICA taxes waived.  Since you paid them as independent contractors on form 1099-misc then the program handled it correctly.  

 

"Child employed by parents. Payments for the services of a child under age 18 aren't subject to Social Security and Medicare taxes, if the business is a sole proprietorship or a partnership in which each partner is a parent of the child. Payments to a child under age 21 aren't subject to FUTA. Payments are subject to income tax withholding, regardless of the child's age."   https://www.irs.gov/pub/irs-pdf/p15.pdf