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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35726
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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When paying a 10 year old yard work, do I take out

Customer Question

When paying a 10 year old for some yard work, do I take out social security?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.
Good morning,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
As a general rule, kids that do yard work for others are legally independent contractors---they have their own little business going, and they are not your regular employee.
You don't have to do tax withholding, pay social security taxes or provide unemployment insurance. However if they earn more than $600 in a single year from you, you are obligated to report the money that you paid them on a Form 1099, giving the original to the IRS and a copy to the person you paid.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
Can I use it as a "Labor" expence on my taxes if I don't take out social security?
Customer: replied 1 year ago.
Did you receive my second question?
Expert:  LawTalk replied 1 year ago.
Hi,
What do you mean as a "labor" expense? Is the yard work to be done on a property that you use in a business that you file taxes on---- such as a rental property?
Customer: replied 1 year ago.
Yes it is. It is another ranch property that we own. The boy is now 11 and he helps mow around the living quarters.
Expert:  LawTalk replied 1 year ago.
Hi,
So long as the payment is for work on your rental/business property you may write the expense off as a maintenance expense, the same as you would for any other tradesman coming to do work on the property. It is an offset to income earned by the business property.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you when our communication is completed.
I wish you and yours the best in 2015,
Doug

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