Hiring A Spouse as An Employee… A Smart Option with Many Benefits

If you’ve already created your ideal budget, then you know how much money you need coming into your family. Essentially, you (personally) could bring all of that money home from your business. However, what if your spouse brought home some of that money? What if hiring your spouse offered your family and your spouse benefits you wouldn’t have otherwise? Although many of my business owner clients ask me, “Should I hire my spouse as an employee?”, what they are really asking is, “What benefit does putting my spouse on payroll provide?”.

Podcast Time Index for “Should I Put My Spouse on the Business Payroll?”

• 01:02 – Should I Put My Spouse on the Business Payroll?
• 03:00 – In Order To Maximize Your 401k
• 06:49 – Health Insurance Benefits
• 10:34 – Social Security Benefits
• 16:20 – Legally deduct Travel Expenses
• 16:54 – Group Disability Insurance
• 17:32 – Buying a Third Vehicle
• 17:54 – Reduce Your Company’s Taxable Income
• 18:03 – Spouse’s Education Expenses
• 18:57 – Wrap Up: The Employee Spouse

9 Benefits of Hiring A Spouse as An Employee

Disclosure:  I advise you to discuss these 9 points with your tax advisor and your financial advisor because some of these points may not be possible for you depending on your entity type.

#1 – Retirement benefits

The number one reason I recommend putting your spouse on your business’s payroll is so that you can maximize your retirement benefits. As of 2019, employees can contribute up to $19,000 into their 401(k) plans or up to $25,000 if they are over the age of 50.

So let’s say that Fred and Tina are a married couple in their fifties, and Tina owns a business. In our example, Tina makes $100,000 a year in income from the business, and she contributes $25,000 into her 401(k). Through profit sharing, a Safe Harbor Match, or a pure match, the company matches her contribution of $25,000. Therefore, she has a total of $50,000 going into her 401(k) each year.

Yet, what happens if we hire her husband Fred as an employee and add him to the payroll? Fred and Tina don’t need more than $100,000 coming home, so let’s split their income. We’ll pay Tina $70,000, and we’ll pay Fred $30,000. Now, both Tina and Fred can contribute $25,000 into their 401(k) retirement accounts; Tina contributes $25,000, and Fred contributes $25,000. To keep it simple, we’ll keep the company’s match at $25,000, but we’ll split it between Fred and Tina. Thus, Tina gets $17,500, and Fred gets $7,500 of 401(k) matching funds from the company. If you add all of that together, a total of $75,000 goes into Fred and Tina’s 401(k) accounts. That’s $25,000 more than Tina alone could contribute!

#2 – Health insurance benefits

Another reason you may want to add your spouse to the company’s payroll is for health insurance benefits. Yes, you can add your spouse to your health insurance plan as a dependent, so your spouse doesn’t necessarily need his or her own plan. However, some health insurance plans offer cheaper premiums if your spouse is listed as an employee instead of a dependent.

#3 – Health Reimbursement Account (HRA) benefits

Besides lower health insurance premiums, you could also receive Health Reimbursement Account (HRA) benefits if your spouse is on the payroll AND if you operate the company as a sole proprietorship or a C Corporation. If your business is one of those entities, your company can reimburse you and your employed spouse for all of your out-of-pocket medical expenses and health insurance premiums. Then, the company can claim all of those reimbursements as business tax deductions! That’s a win-win in my book.

However, there are some basic rules you need to know about with an HRA:

• You need a health insurance plan to participate.
• The business owns the HRA.
• Only the business can put money into an HRA because the HRA is a business asset.
• The business determines how much money is contributed to the HRA and keeps any unused dollars in the account.
• You can use the money in the account to pay for your family’s medical expenses as long as they are recognized by IRS Publication 502.
• The HRA does not earn interest.

#4 – Social Security benefits

To max out your Social Security benefits, you would bring home approximately $129,000 yearly from your business. If you push $130,000 for 10 years, then you’re fully qualified, or fully insured, and your non-working spouse is then eligible for 50% of the working spouse’s benefits. That’s pretty amazing, and most people don’t realize that a non-working spouse is eligible for 50% of the working spouses Social Security Benefits.

However, you can utilize strategies to maximize your Social Security benefits and your spouse’s. With the help of tax consultants and planners, you may be able to shift your income and duties to your spouse after a ten year period and let your spouse maximize Social Security credits for 10 years. This gets very complicated, so be sure to seek professional guidance before you employ any Social Security strategies.

#5 – Travel expense benefits

If you travel for work, you can bring your spouse with you. Of course, you have to have legitimate reasons to bring your spouse with you. However, if your spouse travels as your chauffeur, your assistant, your scheduler, or the like, you may be able to deduct your travel expenses and your spouse’s expenses from your tax liabilities. That benefits both you and your business.

#6 – Group disability insurance benefits

Many times, non-working spouses are not insured under disability policies. Yet, if you hire your spouse, you can now get disability benefits for him/her. Obviously, you hope your spouse never needs those benefits, but if your spouse legitimately works for the company, then he or she can receive the benefits if needed.

#7 – Vehicle payment benefits

Another benefit of hiring a spouse as an employee of your company is that you can potentially buy a third vehicle for your spouse as part of his or her job duties. You probably have a vehicle for you, and most likely, it’s a business expense. Then, at home, you have a family car. But if your spouse is an employee, you could purchase a third vehicle which is used for business purposes and create another deductible business expense.

#8 – Reduce the company’s taxable income

If you operate your business as a C Corporation, you fall under double taxation, where your income is taxed at the corporate level and at the personal level. By hiring your spouse, you can lower your taxable income and reduce some of the taxes that are double taxed. Obviously, that’s a benefit to you and to your business.

#9 – Education benefits

Finally, you could send your spouse back to school and deduct the education expenses from your taxable income. However, if you do this, be sure you’re sending your spouse to school to improve job skills he or she is doing within your company. If your spouse does bookkeeping work for your business, don’t send your spouse to school for a degree in theater arts. Be smart, friends.

RELATED ARTICLE: How to Hire Your Children

How to Employ Your Spouse Legally

Hiring your spouse as an employee can offer you and your family many benefits – financial and other. However, I want you to know that I’m not telling you to put your spouse on the business’s payroll just to make more money. If you employ your spouse, he or she MUST have a legitimate job within the company. Your spouse must have a job to do, have a job title, and perform that job. Additionally, the salary you give your spouse must be commensurate with the job he or she is doing! I’m not telling you to “trick” the government and give your spouse money from your business for no reason. That’s ridiculous. If you are going to pay your spouse, they must be an employee like all the others.

If you’re going to hire a spouse, be sure to follow these guidelines:

1. First, give your spouse a job description and an appropriate income for that job description.
2. Next, have your spouse complete all the new hiring forms just like any other employee.
3. Then, make all the required payroll deductions and withholdings for your spouse.
4. Additionally, include your spouse in all the benefit programs your company offers.
5. Furthermore, be able to prove that your spouse is actually doing the work.
6. And finally, keep your spouse’s salaried duties separate from ownership duties.

Conclusion

What I’ve just given you is not tax advice. That’s not my job. I’m giving you ideas that might work for you and your company, but you want to talk to your CPA or your tax advisor before you put any of these spouse-hiring ideas into practice. I did my best to give you ideas that are legitimate in every state, but your state may have special laws or rules that I don’t know. Therefore, talk to your CPA. If you don’t have a CPA that talks this way, reach out to me. I work with CPAs all over the country that I know and trust. I can get you in touch with one of them.