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mknauss68
New Member

My wife just became a nanny, and the family does not withhold taxes or provide w2 info. How do we file at the end of the year, and how much should we be saving?

The job started in October, and she makes $20/hour, 28 hours a week. I am salaried at roughly $57000 for this year. We now live in Michigan, but lived in Oregon until May.
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6 Replies

My wife just became a nanny, and the family does not withhold taxes or provide w2 info. How do we file at the end of the year, and how much should we be saving?

Let’s start with a basic definition.  In most cases, if the nanny works in the families home according to their schedule and rules, the nanny is a household employee. If the nanny works from their own home and sets their own work conditions, the nanny is an independent contractor.  You can read more about that here.

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-o...

 

If your wife has not been classified correctly, she may need to think about whether she wants to continue working for a family that is not following the correct tax laws.

 

As a household employee, the family is not required to withhold federal or state income tax is but they are required to withhold and pay Social Security and Medicare tax, although in this case it is called “household employee tax.“  they must report household employee wages and pay these taxes on their tax return.  For every $100 of employee wages, they must pay $15 of household employee tax, this is equivalent to the 7.65% employee share of Social Security and Medicare, plus the 7.65% employer share of those taxes.  Sometimes, the family will withhold the 7.65% employee share so for every $100 of gross earnings, your wife would take home $92.50.  The family is not required to do this, but they have to come up with the same 15% at the end of the year. If they withhold these taxes, their net cost for $100 of labor is $107.50. If they don’t withhold the tax, their net cost for $100 of labor is $115.30.

 

The family is required to issue a W-2 to their household employee by January 31 that would list the gross income and the Social Security and Medicare tax withheld and paid.  If your wife is a household employee, you only have to worry about income tax because the Social Security and Medicare tax were taken care of by the family.  Federal income tax will be 12%, 22%, or 24% for most married families depending on your income level. You will also have to plan to pay state income tax which is 3 to 10% depending on which state you live in.

 

If your wife is an independent contractor, then she is responsible for federal and state income taxes and also self-employment tax. Self-employment tax is about 15% and represents both the employee half and the employer half of Social Security and Medicare, because in the case of a self-employed person they are both the employee and the employer.  Self employee tax is 15% on net income after expenses. If your wife provides care in her home, she can deduct part of the household expenses under the home office deduction as business expenses. She can also take a deduction for food that she provides to the child.

 

because of the 15% self-employment tax, your wife’s total tax bill will be between 30% and 45% of her net income after expenses.

 

No matter whether your wife is a household employee or an independent contractor, she will have to make quarterly estimated tax payments to the IRS. These payments are due April 15, June 15, September 15, and January 15. The tax system is pay as you go, and if she does not make a quarterly estimated payments to cover the income earned during those quarters, she can be assessed a late fee even if she pays in full at the end of the year.

Hal_Al
Level 15

My wife just became a nanny, and the family does not withhold taxes or provide w2 info. How do we file at the end of the year, and how much should we be saving?

Simple answer: since the family did not provide a W-2,  she files as self employed, reporting the income on Schedule C.  You should be saving 35% of her income for taxes (15% self employment tax, 15% federal income tax and 5% state tax).  

 

Essentially, the nanny and the family should agree, up front, on how taxes will be handled. If the nanny will file as self employed, she should expect to be paid about 8% more to compensate for having to pay both the employer and employee shares of FICA tax (social security and Medicare) tax. It is not unusual (but is not required) for the family to pay both  the employer and employee shares of FICA, so asking for 15-16% more salary would not be unreasonable.  See Opus 17's reply for  details.

Hal_Al
Level 15

My wife just became a nanny, and the family does not withhold taxes or provide w2 info. How do we file at the end of the year, and how much should we be saving?

There is an exception to  income from babysitting being subject to self-employment tax.. You have "household employee"  wages. If  no single employer paid your more than $2200 ($2300 2021),  and you sat in their home, not yours, you may be able to avoid the self employment tax. But, you will also not get credit for these wages with the Social Security Administration, for future benefits.

In TurboTax, enter at:

 Federal Taxes

Click on Wages and Income

Scroll down to Less Common Income

On Miscellaneous Income, 1099-A, 1099-C click the start button

On the next screen click the start button on Other Income not already reported on Form W-2 or Form 1099

Answer Yes on the next screen and enter the amount under Household Employee Wages

TurboTax will put the income on line 1 of form 1040  with the notation "HSH". It is still considered earned income for the earned income credit. 

Hal_Al
Level 15

My wife just became a nanny, and the family does not withhold taxes or provide w2 info. How do we file at the end of the year, and how much should we be saving?

Since you used the term "nanny", previous replies assume you worked in the employer family's home.  If, instead, you were a daycare provided, working in your own home, then the income is definitely self employment and not household employee income.

My wife just became a nanny, and the family does not withhold taxes or provide w2 info. How do we file at the end of the year, and how much should we be saving?

Regarding your move from Oregon to Michigan, when you tell TurboTax that you lived in two states, TurboTax will prompt you to prepare to state tax returns, a part-year resident tax return for the state you left and a part-year resident tax return for the state you entered. 

you will fill out your federal return first, listing all of your income. When you get to the state modules, TurboTax will ask for how much of your income each person earned while living in Oregon and how much each person earned while living in Michigan. You will allocate your income manually based on where you were living when your various types of income were paid.  

JP519
New Member

My wife just became a nanny, and the family does not withhold taxes or provide w2 info. How do we file at the end of the year, and how much should we be saving?

I'd like to repeat a point made earlier: Her employer's current behavior is illegal:  nanny is a household employee. 

Your wife is missing out on potential unemployment protection funds, social security's understanding of her work history (could affect later payout), and the employer's contribution to her taxes.

Note also that even as an IC, her employer would have had to provide her a 1099.

 

It's certainly possible that the employer is well-intentioned but ignorant, and that kindly informing them that she wants her W2 would be taken well.  It has been startling to me how many friends & acquaintances we've encountered who are not properly employing their nanny.

 

We have employed a nanny for years, and I'm proud to be doing so legally, despite the additional cost.

I can recommend Patriot Payroll for an excellent, easy, and inexpensive solution to the paperwork overhead (which I otherwise found overwhelming).

 

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