my babysitter cares for my child in her home. I sent a photo of the information requests and she claims that she said that she told me it wasn't tax deductible and under the table. We love her and the care she provides If I claim it anyway does it notify her who claimed it and will it get her in trouble? We just really need the credit and I know she is supposed to pay taxes on it regardless.
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Yes, she will hear from the IRS when you claim paying her to babysit if she does not report the income to the IRS. The IRS matches up the childcare provider listed on the return of the person claiming the childcare credit with the return sent in by the childcare provider.
To get the credit you have to report the caregiver and the IRS might be looking for her to report that income.
You do know that you will likely be looking for a new babysitter.....
When a childcare provider will not give you a SSN or Tax ID
If they still refuse to provide an EIN or SSN, send your provider a W-10 (Request for Taxpayer Information and Identification Number). You can get a copy of the W-10 by clicking here: W-10 Form & Instructions Complete as much of the form as you can and send it via certified mail (after making copies for yourself).
If the provider does not respond within 10 business days, you can still file your return. However, you won't be able to e-file. Print and mail in your return, along with an explanation and a copy of the W-10 you sent your provider.
https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin
If she is not cooperating by providing her SSN, then you will need to print and mail your return with as much of her information as you have.
As to will they notify her? Probably. How soon? That would be hard to answer.
However, if you want to take the credit, you have no other option but to report what you paid to her and include her Name, Address, Phone Number (if you don't have her SSN)
If you do have her SSN, they probably won't "notify" her, but yes they would be expecting a tax return from her.
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