2023 End of Year Tax FAQs for Nannies

This time of year always brings up lots of questions around nanny taxes. Here are the answers.  It’s written to nannies but it’s very helpful for parents too.  But before that, my disclaimer.  I’m not a tax or legal professional.  The information in this article is for informational purposes only.  Please contact a nanny tax professional for advice about your specific situation. My recommended nanny tax specialists are at the end of the article.

NOTE: Taxes around working as an NCS are different than working as a nanny.  This article addresses nanny / family assistant taxes.

Q.  Are my employers required to pay taxes on my wages?
A
. If in 2023, your employer paid you less than $2,600, they aren’t required to pay FICA taxes (6.2% for Social Security 1.45% for Medicare) and they aren’t required to withhold your portion of those taxes.  However, if they pay you $2,600 or more, they must pay and withhold taxes from dollar one.

It doesn’t matter if you worked full-time or part-time, live-in or live-out, temp or long-term: all employers who meet the $2,600 nanny tax threshold are legally required to pay FICA taxes and withhold taxes from their employee. 

Q.  If I made less than $2,600 from an employer, does that mean I don’t owe any taxes on those wages?
A.  No.  You aren’t responsible for paying FICA taxes (that 7.65% I talked about above) however, you do need to report the income and depending on your gross adjusted income, you might owe federal or state income taxes.  This income is reported differently than regular additional income because of the FICA exception.  Check with your tax preparer for how to report this correctly so you don’t pay more than needed. 

Q.  How do I know if my employer is paying taxes?
A. If your employer is withholding taxes, they should give you a pay stub or print out with your paycheck that outlines how much you earned and how much they deducted. It’s a legal requirement in most states. If you don’t get regular pay stubs, ask your employer to start providing them so you can track your earnings and withholdings.

Q.  What form should I get at the end of the year?
A.
 Nannies are considered household employees so you should receive a W-2 from your employer. Your W-2 will list your total gross earnings (how much you made before any taxes were taken out), the taxes withheld from your earnings, and any other withholdings required (e.g. state family leave program).

If you didn’t earn $2,600 from an employer, they do not need to provide you with a W-2.

Q.  When will I get my W-2?
A.
 Your employer has until January 31st to give you or postmark your W-2. It’s important to check your W-2 and make sure the numbers listed are correct. Employers, especially those who handle employment taxes themselves, do make mistakes so don’t assume everything is right. Hopefully you’ve been getting (and checking!) a pay stub with every paycheck and know how much you’ve earned and how much has been withheld from your checks throughout the year. If you do find a mistake, bring it to the attention of your employer immediately.

QMy employer gave me a 1099. What is that and what does it mean?
A 1099 is the end-of-year earnings statement for independent contractors. However, the IRS has clearly said that nannies ARE NOT independent contractors, they are employees. If your employer has given you a 1099, they have misclassified you and you should immediately ask them to correctly file a W-2. This isn’t fun. They’ll need to pay back taxes and penalties however, it’s the legal and fair thing to do.  Any of the recommended nanny tax companies will be able to walk them through the process. 

This is an important difference for nannies to understand. Classifying a nanny as an independent contractor rather an employee saves the parents money by costing you MORE money in taxes (you’re paying their share of FICA taxes AND your share).  Misclassification also takes away much needed labor protections like unemployment and worker’s compensation.

Q. My employer swears our situation is different and I am considered an independent contractor. Who should I believe?
A.
  Employers are often given wrong information by those they trust like family lawyers and business accountants.  Household employment is a very specialized field and many outside the field are simply wrong around the law.  IRS Publication 926 clearly states that nannies are household employees.  I encourage you to share that resource with your employer and refer them to a nanny tax professional. 

Q. I agreed to be an independent contractor when I accepted the job but I didn’t know that was illegal then. Do I have to stick by that agreement?
A. No. In most cases, I would say you have a professional responsibility to uphold the terms of your contract. However, you can’t (and shouldn’t) be held to an illegal agreement. You’ll have to talk with your employers and let them know you want to be paid legally. You’ll have to discuss how you will handle previous pay (e.g. will you correct the record and have both parties take on the fines, penalties, and back taxes that comes with that, will you ignore previous pay) and discuss if they are open to paying legally moving forward. If they aren’t open to legal pay, you’ll have to consider a different job.

Q.  I’ve been working through an agency and they just gave me a 1099. I thought nannies couldn’t be independent contractors? 
A.  If you work with an agency and they pay you directly (rather than have the family pay you), you are an employee of the agency, not an independent contractor.  The agency is required to pay and withhold all required taxes and provide you with a W-2 at the end of the year.  In this case, you’re not a household employee, you’re a regular employee of the agency like the recruiter or receptionist is.  It’s important to immediately tell the agency you are an employee, not an independent contractor, and ask for a W-2.  Again, they won’t be happy with the correction process because it will cost them time and money but it’s important they are in compliance with the law.

Q.  When I was hired, my employers said they’d pay taxes but turns out they haven’t been. I still want to pay my portion. What can I do?
A.
 Before you do anything, talk to your employer. There’s a lot of misinformation about nanny taxes out there and many employers plan to “catch up” at the end of the year. It’s important to figure out what their plan is for handling (or ignoring) taxes before you take any action.

If they haven’t been paying taxes like they agreed to, you can still pay your part of the required taxes. Before you do anything, let them know your plans and give them the chance to work with a nanny tax professional to catch up on the year’s taxes.  If they do that, they’ll give you a W-2 and you’re good to go.

If they don’t agree to catch up, you’ll have to file your taxes without a W-2 and your employer will suffer the consequences of not paying the required employer taxes or withholding the required employee taxes. This is a hard decision to make, knowing the IRS will be notified and your employer will be hit with back taxes, interest and penalties.

The other part of this puzzle is your employer hasn’t been withholding federal or state income taxes from your wages in this situation so you’ll have to pay those directly to the IRS and your state government.  The IRS and your state can set up a payment plan for you so it isn’t as overwhelming financially. 

Q.  Can I just pay more taxes and keep my employer out of the whole thing?
A.
  No.  Even if you’re willing to go along with the misclassification and pay taxes like an independent contractor, that doesn’t legally make you an independent contractor.  By not classifying you as a household employee, your employer avoids costs that you cannot make up for (e.g. unemployment, worker’s compensation).  The federal and state government loses billions of dollars each year because of misclassification so they have a real interest in pursuing employers who use the wrong classification.  No matter what you’re willing to do, you cannot save your employer from their employer responsibilities. 

Q.  My employer didn’t withhold any taxes from my checks all year and just told me I owe them a huge amount of money. What should I do?
A.
 Employers are required to withhold Social Security and Medicare taxes on a TIMELY basis. Meaning they can’t come to you at the end of the year and demand you pay them for the past year. If they haven’t been withholding your portion of Social Security and Medicare taxes throughout the year, those taxes are now their responsibility to pay. This puts you in a very tough position, especially if you’re still working for them. However, it isn’t your mistake and it isn’t your responsibility to fix it. This is one of those times when you want to send them to a nanny tax professional for help.

Q.  I just got my W-2 and realized that my employer hasn’t been withholding federal or state taxes from my paycheck. Do I have to pay them now?
A. Unfortunately, yes. Your employer is not legally required to withhold federal or state income taxes for you although most do since they’re already doing the tax paperwork. Even though your employer didn’t withhold those taxes, you’re still responsible for paying them. The IRS and your state can work out a payment plan for you so it’s not as overwhelming. To avoid this issue next year, ask your employer to start deducting federal and state income taxes or start saving an appropriate amount from each check and pay estimated taxes each quarter.

Q.  My employer and I never talked about taxes so I just assumed we weren’t paying taxes but they just gave me a form to fill out for their childcare spending fund. It asks for my contact information and my Social Security number.  Do I have to give it to them?
A.  Sounds like you and your employer made different assumptions about how taxes will be handled.  Or they thought no taxes were fine until they realized how much money they were losing out on between their workplace flexible spending program and the childcare tax credit.  Either way, your employers want to make you a legal employee now so they can reap the benefits. 

If you worked for them full-time, part-time, long-term, or temp, they’re entitled to the information they asked for.  I suggest you to ask them how they plan on handling taxes and encourage them to connect with a nanny tax professional to get a detailed look at how much they’ll own and how much you’ll owe in taxes and possible penalties and fees.  When looking at the whole picture, they may change their mind about the course they want to take.

Remember, if you they didn’t pay you more than $2,600, they didn’t need to pay taxes. They can still claim the tax breaks.

As you move into the new year, make sure you discuss how taxes will be handled moving forward so there aren’t any surprises next year.

Recommend Nanny Tax Companies
I recommend Homework Solutions, HomePay by Care, and GTM Payroll & HR to all my clients.  They’re true expert in NANNY taxes, not just payroll and all provide exceptional services.  This isn’t an area you want to cut corners on.  If you have questions about your specific situation, give them a call.  Let them know Nanny Care Hub sent you!

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