To Pay Or Not to Pay - Tackling the Tough Issue of the "Nanny Tax"

When a family with a new nanny begins to workpaperwork. As with any legal or tax matter, there
out a new nanny pay schedule, the question ofwill be lots of papers to file, and hoops to jump
whether or not the nanny and family- thethrough. Not only on your end, but for the taxes
employer in this case, will be paying the so-callednanny pays as well. Families, as the 'employer' will
"Nanny Tax." While it is common knowledge thathave to file for an Employer Identification Number.
the vast majority of babysitters and nannies areThey will likely be required to furnish Workers'
paid 'under the table,' meaning they are paid inCompensation Coverage for the event in which
cash to avoid the many legal issues that comethe nanny is harmed or injured on the job. Some
with legal payment, all families should know that itfamilies will have to make quarterly payments, or
IS illegal not to both pay taxes, and withholdfilings, depending on location, and all families will
taxes each year once the nanny pay rises abovehave to have excellent record keeping skills.
a certain benchmark. Although some nannies mayOne of the most challenging aspects of paying
agree to being paid illegally, families who feelthe proper taxes nanny and other household
strongly about staying legal and paying the "Nannyemployees qualify to pay is that most employees
Tax" should be insistent that the nanny comply.will not be thrilled about losing money each
Ultimately, both parties will feel better about notpaycheck when taxes are withheld. This means
breaking the law, and the nanny will be eligible forthe employer, or family, will likely be asked to up
services like social security, unemployment andthe annual salary in order to compensate for this
workers' comp. The best way to make theloss. For families that are just barely budgeting in
situation comfortable for everyone is for both thetheir normal nanny pay, this can be a deal breaker
family and the nanny to know some of thewhen it comes to going 'legal.' Additionally,
troubles that might come up while preparing themanaging all the extra paperwork can be
necessary paperwork.stressful. While there are agencies, or even web
The top issue and barrier to legal taxation thatsoftware for purchase that can alleviate the
many families may face is immigration status.workload, these services can be quite expensive.
Many illegal employees are drawn to householdThis is on top of the taxes the family is already
employment for the very reason that it generallypaying (about 10% of the nanny's salary) and
provides a great opportunity to earn a top salaryother fees like stat unemployment taxes, for
without involving immigration authorities. While thisexample.
may be a touchy issue between you and yourThe best way to prepare for paying the "Nanny
new nanny, if your family wants to legally employTax" is to budget in the full cost of hiring a nanny
the nanny it is important to ask the nannythe legal way right from the start. Each family has
questions about her immigration status. Be cleara personal choice to make as to whether it will
with the new nanny that you will have to affirminsist on maintaining a legal status with its new
her work eligibility by filling out something called annanny. However, keep in mind that just because a
I-9 form. If the nanny is not comfortable withcourse of action is common, in this case paying
this, the family may have to choose a differentthe nanny illegally, won't stop the government
nanny.from punishing you years down the road should
Another top barrier to going fully legal with youranything go wrong!
nanny's tax status is often the amount of