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Get around Income rule for child ROTH IRAs

Posted on 1/6/22 at 2:01 pm
Posted by Weekend Warrior79
Member since Aug 2014
16367 posts
Posted on 1/6/22 at 2:01 pm
I am looking at ways to set my kids up for their future when I can, 2 under 5. One thought I recently had was seeing if I can set-up a ROTH for my kids. But, everywhere I look I keep seeing this requirement:
quote:

If a kid has earned income, he or she can contribute to a Roth IRA. Earned income is defined by the IRS as taxable income and wages — money earned from a W-2 job, or from self-employment gigs like baby-sitting or dog walking.

Would their interest earned in their UTMA count as earned income? The initial ~$2k is taxable income and taxed at their rate. Would I be limited to the amount taxable at their rate, or the $6k IRA limits?

If not, is there another way around this when they are too young to work?

Edit: Crap found this on irs's site
quote:

Compensation for purposes of contributing to an IRA doesn't include earnings and profits from property, such as rental income, interest and dividend income, or any amount received as pension or annuity income, or as deferred compensation
2nd question still stands, any way around this?
This post was edited on 1/6/22 at 2:04 pm
Posted by UpstairsComputer
Prairieville
Member since Jan 2017
1574 posts
Posted on 1/6/22 at 2:04 pm to
No sir, interest is passive. Seems tough to pull off a job for a kid under 5. Maybe chores or something? But getting a significant amount in seems like some work. Good effort though.
Posted by Weekend Warrior79
Member since Aug 2014
16367 posts
Posted on 1/6/22 at 2:09 pm to
Chores we're still working on consistency with
Posted by sonoma8
Member since Oct 2006
7666 posts
Posted on 1/6/22 at 2:14 pm to
Not meant to hijack but If they are 9yrs old and you have an LLC, can you put them on payroll?
Posted by molsusports
Member since Jul 2004
36110 posts
Posted on 1/6/22 at 2:22 pm to
If you claim an implausible amount of income you are kinda begging for an audit.

I think they might look the other way if you paid your 5 year old minimum wage for two hours a week but more than that doesn't pass the smell test. And once you invite an audit they can look at everything
Posted by jerryc436
Franklin
Member since Jan 2014
516 posts
Posted on 1/6/22 at 2:22 pm to
I have been researching and it looks like income from babysitting and yard work is considered income. The is not helpful for young children but for teenagers may be a work around. You could pay your teenager to wash your car and contribute to ROTH. May not be able to max out but it is a start.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37081 posts
Posted on 1/6/22 at 2:29 pm to
quote:

I am looking at ways to set my kids up for their future when I can, 2 under 5.


At that age, about the only thing that works is modeling / ad work.

Do you have a business that can run some ads using little kids? Because you and the kids are related parties it's got to be legitimate work.

Let's say you own a business that specializes in taking pictures at pre-schools. You could pay the kids to serve as models to take pictures that you then use in your advertising.
Posted by C
Houston
Member since Dec 2007
27822 posts
Posted on 1/6/22 at 2:42 pm to
I looked into this last year. They have to have external income from the home to qualify. So you can’t qualify by paying your child to babysit if they don’t also have a babysitting gig outside of your home.

ETA: also I think once they go over $800 they have to start paying self employment taxes… something like that. Just gets screwy trying to put your kid in a Roth early.
This post was edited on 1/6/22 at 2:44 pm
Posted by Weekend Warrior79
Member since Aug 2014
16367 posts
Posted on 1/6/22 at 2:52 pm to
To the responses, wasn't looking for anything illegal just making sure I am not overlooking loopholes.

quote:

Not meant to hijack but If they are 9yrs old and you have an LLC, can you put them on payroll?

away
At that age you can usually have them do menial tasks at minimum wage like taking out trash, clean around the office/work space, shred docs... and no one will give it a second thought. If you start paying them ridiculous wages, or have them doing things obviously above their abilities; you'll get that lovely notice in the mail.
Posted by jerryc436
Franklin
Member since Jan 2014
516 posts
Posted on 1/6/22 at 2:53 pm to
My research is actually for my grandkids for when they turn 21. I want to start them learning to invest and start their retirement fund. I have 3 in college and 2 in school. I have an LLC and can pay them under $600.00 a year to help me with maintenance that can go to the ROTH. The OP is in a different place but I thought it might help him later. I have 2 of them already investing but starting a retirement fund was my goal.
Posted by Lightning
Texas
Member since May 2014
2300 posts
Posted on 1/6/22 at 3:07 pm to
Morton Financial Advice

This resource says that you can pay your own child for work in your own house.

quote:

Employing your young child doesn’t mean forcing hard labor. If she can do small tasks all on her own such as picking up sticks from the yard ($.10/stick), unloading the dishwasher ($.05 for every fork), or sorting laundry ($.25 for paired socks), that counts as earned income. The IRS has defined “a household employee” and you can employ your child to do that work. Following IRS guidelines, you can pay per task or establish a wage. This is earned income for your child.

Why did I assign value to the household tasks above? When it comes to how much you can pay your child, a common-sense rule applies: depending on the age of your child, the task they are working on, and what you might pay another worker to do the same job, you determine a fair wage.


I just started one for my 4 year old and I do legit pay him for helping with small tasks like picking up the magnolia seed pods that constantly litter my front yard.
Having said that, I do tread lightly because outside of acting/modeling, how much income can a 4 year old realistically earn? I don't see making more than a few hundred dollars in contributions per year until he is older. At this point, it's more about teaching the value of work and getting investment started early.

OP if you are looking for other tax-incentivized savings vehicles for your kids, look into an HSA if you have that option. I max ours every year and do not use the money but save ALL medical receipts. You can reimburse yourself at any point in the future while that money has grown in an investment account. The money also remains under your control, unlike a custodial Roth, which will eventually become theirs. May not be a problem but we all know some kids may not be ready for that financial responsibility and could blow the money. It's hard to predict that when your kid is still in preschool

Your kid's broken bone or braces reimbursement could help them with college, downpayment on first home, etc
This post was edited on 1/6/22 at 3:14 pm
Posted by sonoma8
Member since Oct 2006
7666 posts
Posted on 1/6/22 at 3:29 pm to
Overheard a conversation today where a fellow coworker was “paying” his kid $13k/yr or “$500/2wks” for tax purposes.... had me curious
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37081 posts
Posted on 1/6/22 at 4:26 pm to
quote:

“paying” his kid $13k/yr or “$500/2wks” for tax purposes.... had me curious


quote:

for tax purposes


For the love of God I hope he doesn't use that phrase if he is audited.
Posted by UpstairsComputer
Prairieville
Member since Jan 2017
1574 posts
Posted on 1/6/22 at 4:53 pm to
quote:

pay them under $600.00 a year to help me with maintenance that can go to the ROTH.


If your purpose of paying them <$600 is to avoid a 1099, they will not be showing any earned income from that work.
Posted by jerryc436
Franklin
Member since Jan 2014
516 posts
Posted on 1/6/22 at 5:48 pm to
I keep records of when I pay them and show it on my deductions for rental property. I am pretty sure it is legal.
Posted by makersmark1
earth
Member since Oct 2011
15796 posts
Posted on 1/7/22 at 5:50 am to
If you have a business, you can use them in commercials or brochures as “actors or models”, but you can only pay a market rate for that skill.

As they get older, you can put them to work within reason.

You can’t pay them $6500 to monitor Facebook once a week, but you can pay them market wage for whatever jobs they can accomplish.
Posted by UpstairsComputer
Prairieville
Member since Jan 2017
1574 posts
Posted on 1/7/22 at 6:58 am to
It is legal. My comment was about their earned income. No 1099, not claiming on taxes, no “earned income”. The 1099 is the document that declares they earned income for tax purposes. I suppose they could declare income without it, but then they have to prove it, etc.
Posted by SlidellCajun
Slidell la
Member since May 2019
10396 posts
Posted on 1/7/22 at 7:32 am to
The way that it’s worded makes it look as though they’re leaving an opening.

Why didn’t they use the word “only” as a qualifying word in the first sentence or insert disqualifying language elsewhere if they didn’t want people to contribute without jobs?
Posted by zippyputt
Member since Jul 2005
5762 posts
Posted on 1/8/22 at 10:09 pm to
Try using education accounts for the kids.
Every little bit helps.
Posted by BlackAdam
Member since Jan 2016
6450 posts
Posted on 1/9/22 at 10:00 am to
My kids are 16, 14, and 7. I pay the 16 year old minimum wage in my business for 15 hours a week.

When he was younger, and with my 14 and 7 year olds I use their pictures in trade ads, and pay them for that.

All the money they earn is going into their Roths. They don't even know about it.
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