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    spouse employed by spouse

    Employed spouse is exempt from FUTA. When you put the exemption on the form, do you write "spouse" to explain. If employer spouse is a single member LLC, is the working spouse still exempt? I employer spouse is taxed as an s corp, is worker spouse still exempt? Can FUTA be amended back to 2008?

    #2
    Originally posted by JenMO View Post
    Employed spouse is exempt from FUTA. When you put the exemption on the form, do you write "spouse" to explain. If employer spouse is a single member LLC, is the working spouse still exempt? I employer spouse is taxed as an s corp, is worker spouse still exempt? Can FUTA be amended back to 2008?
    1. If employer is a proprietor, or a single member LLC filing in default status as a
    proprietor, then spouse is exempt from FUTA (and probably SUTA as well). My explanation
    is "spousal wages" to describe the exemption.

    2. If employer is a corporation (S or C; doesn't matter), or and LLC taxed as a corporation,
    then spousal wages are not exempt.
    ChEAr$,
    Harlan Lunsford, EA n LA

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      #3
      Thanks, I did not catch til this year. Will I be able to amend the 2008 940? I did 08, but another preparer did the other past years. Is there a three year period on these forms, also?

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        #4
        Originally posted by JenMO View Post
        Thanks, I did not catch til this year. Will I be able to amend the 2008 940? I did 08, but another preparer did the other past years. Is there a three year period on these forms, also?
        I don't know about any three year rule on 940's, but assume there would be.

        But think about it, what will you charge? More than the $56 it might save?
        ChEAr$,
        Harlan Lunsford, EA n LA

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