farm labor payroll tax

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  • gman
    Senior Member
    • Dec 2005
    • 676

    #1

    farm labor payroll tax

    child is 15 and is woking thru the summer on a farm. Would social secuirty tax need to be withheld or do they qualify for farm labor exception? Seasonal worker?
  • Jiggers
    Senior Member
    • Sep 2005
    • 1973

    #2
    Farm labor

    Originally posted by gman
    child is 15 and is woking thru the summer on a farm. Would social secuirty tax need to be withheld or do they qualify for farm labor exception? Seasonal worker?
    Is the farm Schedule F filer or corporation/partnership?

    If Schedule F filer, is the child the dependent of the taxpayer filing the Schedule F?

    What farm labor exception?
    Jiggers, EA

    Comment

    • Lion
      Senior Member
      • Jun 2005
      • 4699

      #3
      Working Papers

      In CT (not many farms in CT, I realize) a minor child has to get working papers from his local high school to certify that he is of the age to do certain types of labor. For instance, a child has to be at least 16 to pump gas. Sorry, don't know about a exemption from SS.

      Comment

      • gman
        Senior Member
        • Dec 2005
        • 676

        #4
        llc

        THe farm is owned by relatives, not parents and they file a 1065 as LLC

        Comment

        • Lion
          Senior Member
          • Jun 2005
          • 4699

          #5
          Parents

          There is an exemption under certain circumstances for a child working for a parent on a Schedule C or even a 1065 if both parents are the only partners or members -- something like that, doing this from memory. But, not for other relatives. If not parents, I'm not even going to look further. However, you're welcome to research more.

          Comment

          • Burke
            Senior Member
            • Jan 2008
            • 7068

            #6
            Originally posted by gman
            child is 15 and is woking thru the summer on a farm. Would social secuirty tax need to be withheld or do they qualify for farm labor exception? Seasonal worker?
            If not employed by a parent, a child that age would be restricted to nonhazardous farm work outside of school hours only. See Dept of Labor WH Publ 1282. But there is no exemption from SS in this case that I know of. You may be thinking of the exemption from Minimum Wage and Overtime for certain farm employers. See page 6. See IRS Publ 51 (Circular A) for agricultural employees.
            Last edited by Burke; 06-07-2010, 04:19 PM.

            Comment

            • Maribeth
              Senior Member
              • Oct 2006
              • 425

              #7
              Originally posted by gman
              child is 15 and is woking thru the summer on a farm. Would social secuirty tax need to be withheld or do they qualify for farm labor exception? Seasonal worker?
              You could pay them with crop. Not subject to social security tax.

              Maribeth

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