Working Moms

Nanny--under the table or 1099?

So, we're hiring a nanny.  I assumed we'd go under the table, but 2 girlfriends of mine pay their nannies taxes and I hadn't even thought about it before I discovered this.  What does everyone else do?  We've agreed upon $10/hr (40-50 hrs/week)...if we pay her taxes, it would approx come out to $13/hr from what I'm told.

If you pay her taxes, do you pay FICA, Medicare, and get worker's comp?  Also, income tax??  Do you 1099 them I assume?

 Any repurcussions for just going under the table (obviously fines from the IRS etc if caught). 

 I think our girl assumes we'll pay under the table, but I just hadn't even THOUGHT about taxes, until my 2 other friends said that they pay their nannies taxes.

 

 Also...do you pay in cash (or write checks under the limit...isn't it like $1,500 or $1,600/year). 

 

Thank you!

Lilypie Second Birthday tickers 1st m/c July 2008, 2nd m/c December 2008, Baby boy born in 2009!, 3rd m/c (c/p) June 2011, 4th m/c September 2011

Re: Nanny--under the table or 1099?

  • Technically, yes, you need to pay for all of those things. 

    Call me paranoid, but I don't want anyone working for a wage in my house who isn't licensed and bonded and pays their own insurance. I don't need the liability of getting sued because someone trips on the stairs and twists an ankle.  I have seen it happen far too often.

     

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  • After being audited 2 years ago, I am way too paranoid now.  I would 1099 her for sure. I know that there are services that can do this for you if you are interested in that.
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  • As an accountant- i would HIGHLY recommend you taking the taxes out. There are several VERY useful websites that pretty much calculate everything out for you.
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  • We pay taxes.  It's legal and fair. 

    I found the information on 4nannytaxes.com really helpful.

    from what I remember in their starter booklet, you can't use a 1099 -- someone who works 40 hours per week in your home is an employee, not an independent contractor. 

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  • I suggest talking to an accountant or some of the nanny payroll companies mentioned above. It's a W-2 you would need to provide (not 1099), and yes you would be responsible for Social Security (6.2%) , Medicare (1.45%), workers' comp ins (price varies), as well as unemployment taxes (vary by state). It is not cheap, but insurance never is, and in my opinion doing it legally/right is insurance. 

     

  • We pay all the taxes and do everything above the table.  The nanny said she's been paid both ways and doesn't care.  But, I'm an attorney and neither DH nor I can rule out the possibility that one of us will someday run for office .... so everything has to be clean.  Besides, it's the right thing to do.
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