I've been confused on this for a while...I take my daughter at a licensed in home daycare. Every week I write a check to the DCP and go on my merry way. I didn't ask about taxes when we interviewed her, it honestly didn't occur to me! Should I be worried about it or not since DD isn't her only child there?
Alternatively, DH and I are considering another DCP who again is out of her home but DD would be the only child. Is that a "nanny" that I need to pay taxes on?
So confused!
Re: XP - Nanny vs. DCP - Taxes?
My Colton...Growing up so fast!
And Coralee, his baby sister...On the way!
All household workers who you hire and have some level of control over must be treated as employees. This means, as the employer, you are responsible for paying taxes, such as Medicare and Social Security taxes on behalf of your employee. The employee will be responsible for paying their share of these taxes, as well as income tax on any money they make. Many states also require employers of nannies to carry workers compensation insurance or pay into unemployment insurance. See the link below for a great resource on determining taxes and nannys.
https://www.irs.gov/pub/irs-pdf/p926.pdf
This is different than if you send your child to an in-home daycare. Presumably, most in-home daycares are licensed as an in-home daycare and as a business. As such, they are responsible for paying business taxes and are not your "employee," so you have no obligation to pay any federal or state taxes on their behalf as an employer.
I would think that even if your in-home provider isn't licensed or set up as a business, if they are caring for your baby in their own home, they may not be considered an "employee," since you will not have as much control over what they do as you would if they were caring for your child in your own home, but that distinction is not entirely clear, and is a somewhat difficult question from a tax/common law perspective, so it might be best to speak with the in-home provider and see what she considers herself from a tax perspective. It also might be helpful to speak with an accountant.
Hope this helps!
Perfect! Thanks for the link, exactly what I needed!