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Tax Benefits of Hiring Your Spouse

By
Services for Real Estate Pros with Julie L. Bohn, CPA

One of the most overlooked tax planning strategies is to hire your spouse to help you in your business.  Although many real estate agents are aware of this, I find that they don't necessarily maximize all the benefits it can provide.

First of all, let me explain that this strategy is only designed for self-employed agents.  You can be organized as a single member LLC and choose to be taxed as a sole proprietor, but if your business is taxed as an S corporation (either an LLC or an incorporated S corp), you will not qualify for this exemption because spouses of S corporation owners are considered 2% owners of the business, even if the corporation is owned entirely by the agent.  And owners of S corporations are restricted from deducting most of the benefits outlined below.   If your business is a C corporation, you will be able to provide many of the same benefits, but both you and your spouse's wages will be fully taxed for unemployment taxes and most likely, workers' compensation insurance in your state.

If you are self-employed and hire your spouse, their wages are:

  • subject to income tax withholding       
  • subject to Social Security and Medicare taxes
  • will most likely be subject to city tax withholding, depending on where you live
  • not subject to Federal Unemployment Tax
  • possibly not subject to State Unemployment Tax or Workers' Compensation, but check with your state to be sure

At first glance, it doesn't appear that you will save any money by employing your spouse, since your net earnings on Schedule C are essentially treated the same way.  But here is where the real difference is - you can offer all of the following nontaxable employee benefits to your spouse:

  • Medical Expense Reimbursement Plan (Sec. 105 Plan).  You can reimburse your spouse for ALL of your family's medical expenses (see my previous blog for a complete description).  Since this includes healthcare premiums, deductibles, medical bills, orthodontic expenses, and even over-the-counter medicines, it is much more beneficial than taking the self-employed health insurance deduction on Form 1040 and your medical expenses that are over 7.5% of your AGI on Schedule A.  For a married agent with $15,000 of total medical expenses, including insurance premiums of $10,000, Schedule C income of $50,000 and other family income of $50,000, the agent would potentially save over $3,000 in self-employment and federal income taxes.  They would also potentially reduce both their state and local income taxes, if applicable.  This requires a formal written plan and must be offered to all employees.
  • Dependent Care Benefit Plan.  You can pay your employee spouse up to $5,000 tax-free to pay for dependent care expenses.  This also requires a formal written plan and must generally be offered to all employees.
  • Travel Costs for Bona Fide Business Purposes
  • Group term life insurance with up to $50,000 in coverage
  • Qualified Retirement Plan Contributions
  • Disability Insurance
  • De Minimis Fringe Benefits.  These can include occasional theatre or sporting ticket events, office refreshments, occasional parties or group meals for employees, birthday and holiday gifts with small value, etc.  This may seem trivial, but it really does add up over the year.

It is important to keep in mind that employing your spouse will normally require you to file quarterly and yearly employment tax returns, including W-2's, but the potential benefits usually far outweigh the costs.   If you pay your spouse a set salary every pay period, handling payroll tax deductions and filing your returns should be fairly simple once you get everything set up.

If you don't currently employ your spouse, you should consider hiring them now to reduce your taxes in 2008.  Talk to your accountant today to be sure you comply with all the regulations in your area.   

Sharon Fleming
Real Living Realty Unlimited - Port St Lucie, FL
Realtor, Port St Lucie-Florida

Great post...Thanks!  My HUSBAND is HIRED!  I use him as a "bodyguard" when I go into not so desireable areas wonder if that could be considered employment...lol...Thanks for all the great advice!

Sep 22, 2008 02:42 PM
Jeff Rogers
retired - Manchester, TN

Hey thats a good idea.  Thanks for the post.

Sep 22, 2008 02:50 PM
Catherine Eusea
Prospect Mortgage - Fort Collins, CO
Mortgage Lender

Great idea.....my husband is more of a stay home dad so we might get some use out of this!

Sep 22, 2008 02:55 PM
Marie Meyer
Keller Williams Realty - Central Valley, NY
Orange County New York Realtor

Let's see, I use my husband for pounding in signs when the ground is frozen, as a car service when it snows a lot, to accompany me to houses that have been vacant for a long time (mice or other creatures), and to help me haul stuff to open houses.  Hmmm!  Thanks for the info, Julie.

Sep 22, 2008 03:10 PM
Mike Russell
Mike Russell Real Estate Group - Overland Park, KS
Overland Park Kansas Real Estate

time to bring her back in. especially the gifts & travel exceptions

Sep 22, 2008 03:19 PM
Anonymous
Blondie

Sounds appealing, but what about worker's comp?  Or unemployment insurance?  Assuming that you have to pay these costs, how does that offset the tax savings?

Sep 22, 2008 03:23 PM
#6
Julie Bohn
Julie L. Bohn, CPA - Englewood, OH
Helping Agents Reduce Their Taxes

Since I am in Ohio, I will explain how it works here, but your state may be different.  In Ohio, your spouse's wages are not taxable for state unemployment taxes.  Workers' Comp is mandatory in Ohio, but the rates are determined by the job classification.  So, if your spouse does clerical type work - computer, marketing, accounting, occasional errands, etc. - the cost is very minimal.  There is a $50 minimum charge every 6 months and that is what most agents would pay. 

So actually, these costs in Ohio are definitely low enough to make it worth it.

You just need to check with your state or let me know where you live and I can find out pretty quickly for you.

Sep 22, 2008 03:31 PM
Ron Tarvin
Residential, Investment properties, rehab projects, property management, luxury homes, new construction! - Katy, TX
Broker, Katy, Houston, Cypress 77450,77494,77095

Can't you also "hire" your kids...things like flyer distribution etc are considered work for wages, but that might be a horse of a different color...

Sep 22, 2008 03:58 PM
Susan Laxson CRS
Palm Properties - La Quinta, CA
Realtor in San Diego, CA & Naples, FL

Great idea I am going to hire my husband and my daughter! 

Sep 22, 2008 04:05 PM
Julie Bohn
Julie L. Bohn, CPA - Englewood, OH
Helping Agents Reduce Their Taxes

Well, I was already planning to post more later about the benefits of hiring your kids, but since some of you have already mentioned it, I will make a few quick comments.

If you are a self-employed agent and hire your kids, their wages will not be subject to Social Security until they are 18, federal unemployment tax until they are 21, possibly state unemployment taxes and workers' comp.  And assuming that they don't have any other taxable income, the first $5,450 they each earn in 2008 is not taxable for federal purposes, but may be taxable in your state and/or locality.

Of course, some of the biggest tax benefits for spouses aren't available to kids, such as an MERP or dependent care plan, but you can reduce your taxes by a lot by hiring them as well.

I will post some more details about hiring your kids in the next few days.

Sep 22, 2008 04:43 PM