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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]If I'm understanding correctly, you hired a babysitter. You paid that person under the table. Employers are responsible for paying taxes. A household employee cannot be an independent contractor. But you won't go to jail. You will have to pay what you owe to the government, and there will probably be penalties.

https://www.irs.gov/publications/p926#en_US_2023_publink100086725

[/quote]
How would OP pay the payroll taxes now if she doesn’t have the person’s SSN? Does the IRS just apply the funds based on the name OP supplies?[/quote]

Heck, we don't even know if this person has the authorization to work because OP didn't do any of this. But the point is that all this person has to do is make a claim with the state of Virginia and OP is in hot water. [/quote]

To pay payroll taxes on a babysitter for one to two hours of school? I admit I might have to pay taxes but I don’t need a babysitter anymore so it’s no longer a need and didn’t know this was an issue legitimately. I assume I would just have to pay the taxes along with penalties if the IRS came knocking. Which would likely be less than what is being asked to pay extra. I think the IRS understands part time childcare well enough to not put people in jail over some babysitting hours. [/quote]
PP didn’t say you would go to jail. They are referring to the law in VA where the employee can sue you personally. You’ll be on the hook for all costs, including their legal fees. In VA the presumption is the person is an employee. You would then owe all back taxes on top of the judgement and costs.

The issue in this case is you said you have no documentation. So nothing in writing about her wage and hours that she worked per day? This person could make up anything and you’ll have to prove they are lying.[/quote]

No there is documentation on monthly wages and receipts of payments. What is in it for them? They likely didn’t claim the money and it’s clear they were paid what is in writing. What do they get out of taking me to court? All the wages have been paid. Wouldn’t the discussion just be about taxes to the government?[/quote]
You have no documentation- nothing on hours worked, nothing on wages to be paid. What’s in it for them is wage theft. They’ll claim they worked more hours or earned more per hour and you didn’t pay. How will you dispute that in court?

You have more to lose then them being late on filing taxes for last year. [/quote]

How will they say that if they have no proof of additional hours and there is proof that they charged an hourly rate above minimum wage and agreed to a monthly rate which was paid. There is clear documentation of them asking for a monthly wage and receiving it. [/quote]
They would be an hourly employee in Va. It would be very easy to create a log of hours that exceed your 1-2 hours per day and claim they worked it. Do you have timesheets or payroll statements with hours worked as required in Va? Did you pay them at least twice a month as required in Va? You keep saying monthly so I’m not sure if you are summing two payments or if you only paid once a month.[/quote]

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