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griff1pa
New Member

Hi yes. I have hired a babysitter to watch my child. How do I claim this on my taxes. Is there anything specific from her that I need or any forms I need to fill out?

I hired a babysitter to watch my daughter during the times I work. How do I claim the payments I made to her on my taxes. I give her money orders and keep the stubs for myself as proof of payment. But how would I go about the whole process of claiming these payments. Do I need any information from my babysitter
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4 Replies

Hi yes. I have hired a babysitter to watch my child. How do I claim this on my taxes. Is there anything specific from her that I need or any forms I need to fill out?

In your home or in their home?
griff1pa
New Member

Hi yes. I have hired a babysitter to watch my child. How do I claim this on my taxes. Is there anything specific from her that I need or any forms I need to fill out?

She watchers her in my home.

Hi yes. I have hired a babysitter to watch my child. How do I claim this on my taxes. Is there anything specific from her that I need or any forms I need to fill out?

Ok so, if this person works in your home on a schedule that you dictate, you have a household employee.  That would be true of a maid, butler, gardner, etc.  It is not specific to child care.  

Depending on the amount of wages, you will be required to withhold 7.65% of their salary for social security and medicare tax, and you have to forward this tax to the IRS as part of your tax return, along with a 7.65% match from your own income, like any other employer/employee has to withhold and pay social security and medicare tax.  You can optionally withhold federal and state income tax, in which case you have to remit that probably quarterly, or you can leave that up to the employee.  You will be required to issue the employee a W-2 no later than January 31 of each year.  I believe that Turbotax Home & Business can issue the W-2 electronically, and there are also private web sites that will e-file W-2s and 1099s for a small fee.

It's possible that you won't owe social security tax for the remainder of 2016, depending on the person's wages, but you still have to issue a W-2, and for 2017 you will probably need to withhold and pay social security tax.

Then for the dependent care credit, you already have the employee's SSN in order to file their W-2, so you use the SSN as the provider on your form 2441 and take the credit for your qualifying expenses.

If you decide to pay the person "under the table" and not issue them a W-2 and not report their income or pay taxes, you also can't claim the credit, because claiming the credit will cause the IRS to be on the lookout for matching income from that person.

https://www.irs.gov/businesses/small-businesses-self-employed/hiring-household-employees

https://www.irs.gov/pub/irs-pdf/p926.pdf

https://www.irs.gov/taxtopics/tc756.html

Hi yes. I have hired a babysitter to watch my child. How do I claim this on my taxes. Is there anything specific from her that I need or any forms I need to fill out?

Depending on the State, you may also be required to provide Worker's Compensation Insurance and/or State Unemployment Insurance.  

As a side note, for a Household Employee you also have the option to pay the entire 15.3% yourself, rather than withholding 7.65% from their pay and paying 7.65% yourself.

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