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If our childcare provider watches our child in their own home, are they an employee or independent contractor?
I’m trying to best understand our tax situation. Our child care provider watches our child on a weekly basis. She picks him up and takes him to her house. She often has her own children with her and we don’t keep tabs on her throughout the day. Most days we pick him up at her house although some days she drops him off. She watches other children from time to time as well.
Her hours are somewhat irregular depending on our schedules and travel but we pay her a set amount we agreed on since it averages out to 25-35 hours per week.
The IRS definitions is a little blurry to me here. We don’t consider her an in-home nanny (she doesn’t provide any services in our home) but she does come to our home to pick him up, drop him off or stop by to grab him clothes or toys if he needs them. On the other hand she does provide child care services on a steady basis, although she is free to to what she wants during the day (such as watch other kids, pickup/drop off her kids from school, run personal errands, etc)
Has anyone been in a similar situation and can share some insight? Thanks!