Which Employees Are Subject to the Nanny Tax?

If you have a household worker, you may beAmong the circumstances that must be
subject to paying the Nanny Tax. The Nanny Taxconsidered in determining if someone is a
is a nickname; the actual tax is the householdhousehold employee or not are the amount of
employment tax. It can include gardeners, nurses,control and direction you have over the hired
caregivers, cleaning personnel, etc. This is the taxperson. Generally, if you have the ability to tell a
that so many politicians and bureaucrats seemhired person what to do and how to do it, that
forgetful to pay.person is your employee. Supplying tools and
Not everyone who has a job in a person's homeequipment and having a place for the hired person
fits the designation of a household employee. Forto work, along with the authority to discharge
example, you might have a gardener who worksthat person are factors relating to control.
at your home, but is considered an independentLet's say that you hire Lori to clean your home
contractor because he operates his own business.and care for your young daughter while you and
Because the gardener supplies his own tools andyour spouse are at work. You give Lori
comes to your place of residence to work, he isinstructions on how to perform various duties
not considered a household employee and you areduring the day and supply her with the tools and
not subject to paying household employmentequipment to do the cleaning and care for the
taxes on the gardener's earnings.child at your home. Under these simple
Also, you may employ the services of an agencycircumstances, Lori is a household employee and
to provide temporary help around your house. Ifyou may be responsible for withholding and
the same gardener did not work for himself, butcertain other employment taxes for her. It does
was brought in by the agency, he would still notnot matter if Lori works full time or part time, if
be considered a household employee and you stillshe is paid per hour, per day, per week, or per
would not pay taxes on the gardener's earnings.job performed. Because of the circumstances
The gardener would be considered an employeeinvolved, she is subject to household employment
of the agency, and they would be responsible fortaxes and you must pay them.
paying his employment taxes.