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Spouse on payroll: the compliance trap hiding in plain sight

April 29, 2026

“Spouse on Payroll: the Compliance
Trap Hiding in Plain Sight”

To get my complete article
with all the details…

You hire your spouse. You set up a Section 105-HRA. The plan reimburses $20,000 in family medical costs.

Now someone asks: shouldn’t you also put your spouse on payroll and issue a W-2?

It feels like the safe move. But safe for whom—and at what cost? Once you issue W-2 wages, you’ve signed up for quarterly payroll returns, federal tax deposits, Form 940, year-end W-2/W-3 filing, and the ongoing risk of payroll notices. All for a one-employee household.

Adding a $20,000 W-2 in a $100,000-income scenario produces a tax detriment of $195 to $361—with no meaningful federal tax benefit.

Visit to read: Do You Need a W-2 for Spouse-Employee 105-HRA Benefits?

Filed Under: Audits, Featured Articles, Filing tips, Husband and wife business, Payroll, Section 105 medical plan, Spouse, Tax Planning

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