Is it acceptable to employ nannies as independent contractors?

The nanny I’m hiring claims she often accepts cash payments. That’s alright, I answered, as long as I receive invoices to deduct the cost of childcare from my taxes. She concurs. However, after checking online, I see that most nannies get paid in this manner and that I must handle withholding, fica, etc. as I am her employer officially.

Should I pay her the same as I would a housekeeper or gardener?

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To find out what your state’s and the federal government’s standards are for independent contractors’ employment status, do a Google search. ICs are not subject to guidance or control, and they choose their schedule and compensation. You are unlikely to be appropriately categorized as an independent contractor.

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Hello @Beau, please take note of the following important points.

  • As the employer of a nanny, you are responsible for withholding and paying Social Security and Medicare taxes (FICA), as well as federal and state unemployment insurance. This is different from hiring a housekeeper or gardener, who might be considered independent contractors and not subject to the same tax requirements.
  • The “nanny tax” refers to the combination of federal and state taxes that families must pay when they hire a household employee like a nanny. This includes both the employee’s and employer’s portions of FICA taxes.
  • While paying in cash is common, it is crucial to maintain proper records and issue pay stubs or invoices to ensure you can claim the appropriate tax deductions.