Hiring an employee (son) with S Corporation

Hiring an employee (son) with S Corporation

Member since 2020 · 9 posts · 0 votes

Hello,

I have a question and was hoping someone who is knowledgeable about running businesses (especially S Corporations) might be able to give some advice. My wife and I are both retired and own an S Corp from when I used to work as a self-employed travel agent. We own several rental properties, none of which are under the S Corp though. But now we are considering hiring our son as an employee of the S Corp to help grow our rental investments. We are not sure if this is a good idea though because our S Corp was never used for anything involving real estate before.

To elaborate a bit, our son has been managing our rental properties for several years now (for free). He is a web developer but was laid off due to COVID-related cuts and has found it very difficult to find full-time work again. He proposed that we consider hiring him as an IT consultant/property manager to create a customized website, network, and payment portal for all our rental properties. He also plans on improving our online advertising and social media presence. We are not computer savvy at all, so having him use his skills to potentially grow our rental investments sounds very nice. We plan on paying him a portion of our rental income for his services. It won't be much money, but just enough to keep him employed for the time being.

The main issue we are unsure about is whether we can hire him as an employee through our S Corp for helping us with our personal rental investments. It would be preferable for him to be an employee rather than a freelancer. But since we own the properties ourselves and they are not under the S Corp, would this be a problem? As I’m retired now, the S Corp is not taking in any income and I was initially planning on closing it down. Would it perhaps be better to pay the S Corp for consulting fees, and then have the S Corp hire him as an employee? We are not very knowledgeable about business structures so any advice would be very welcome.

Thank you for reading this long post!

Bob

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  • Real Estate Agent · Gilbert, AZ · Member since 2020 · 36 posts · 29 votes
    6y

    @Bob Evans, while I won’t have the answer directly to your question (that’s DEFINITELY a CPA questions, do you have one?) I was curious why you’d hire him as an employee (and have to pay employment taxes, social security, workers comp, etc) when you could bring him on as contract labor (as long as he makes his own schedule and isn’t using your Equiptment to run his business, that way you’d pay him his fee & save a lot in taxes. He would, too! 

    Also, I have an s-corp and it’s just a pass through entity. I simply pay Independant contractors and at the end of the year, I deliver 1099’s to each of them and that’s run through the s-corp. 

    Talk to your CPA, should be a quick phone call for them to plan this with you. Good luck sir! 

  • Member since 2020 · 9 posts · 0 votes
    6y
    Originally posted by @Jason Crittenden:

    @Bob Evans, while I won’t have the answer directly to your question (that’s DEFINITELY a CPA questions, do you have one?) I was curious why you’d hire him as an employee (and have to pay employment taxes, social security, workers comp, etc) when you could bring him on as contract labor (as long as he makes his own schedule and isn’t using your Equiptment to run his business, that way you’d pay him his fee & save a lot in taxes. He would, too! 

    Also, I have an s-corp and it’s just a pass through entity. I simply pay Independant contractors and at the end of the year, I deliver 1099’s to each of them and that’s run through the s-corp. 

    Talk to your CPA, should be a quick phone call for them to plan this with you. Good luck sir! 

    Hello Jason,

    Thanks for the reply. We don't have a CPA at the moment, but it sounds like a good idea to find one and I'll get on that. 

    I like your idea of hiring him as an independent contractor! But what about the fact that the S Corp has no income? Should my wife and I pay the S Corp for consulting fees, and then have the S Corp pay him? 

  • Real Estate Agent · Gilbert, AZ · Member since 2020 · 36 posts · 29 votes
    6y

    Again, to get the best (legal) possible answer, I would consult with a CPA. But my understanding is if you have a business (in this case we are talking about a S-Corp, that makes zero money, but pays $$$ out...the IRS might smell something fishy. It’s not usual that a business can make no income but pay out money, at least not sustainable. If you’re talking a few months, I’m certain that’s no issue. 

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