Nanny taxes for the past two years

[Anonymous]

Anonymous wrote:

Anonymous wrote:I think certain sleep nannies and newborn nannies are not W2s.

True?

Absolutely. Also some travel nannies, backup nannies, and other nannies who are employed or self-employed by an agency and "loaned" to parents as needed. I have read at least one legal opinion where a part time nanny with a long-term gig was held to be a 1099 contractor, but that is definitely rare. There is no blanket rule here, just a multifactored test that considers where care is rendered, whose supplies are used, who dictates how things will be done (bedtimes, meals, etc.), who sets the nannies schedule, the continuity of the relationship (sporadic vs. regular work), etc. This test almost always leads to a finding that the nanny is employed by her charge's family

[Anonymous]

Anonymous wrote:

Anonymous wrote:It also depends on what the nanny did. If she filed as a W-2 employee with missing W-2, the IRS will come after you. You don't owe the nanny anything in this case, as she actually came out ahead! (You are responsible for paying the FICA tax you did not withhold and cannot retroactively withhold)

I have no idea how it works if she actually filed as a 1099 employee and is now coming after you for the difference in taxes. In this case, the IRS won't get involved as you don't owe them anything, the nanny ended up paying the portion of tax that you should have.

A nanny is always an employee/W2. Always.

Liar.

[Anonymous]

nannydebsays wrote:The IRS states that a nanny is ALWAYS an employee and ALWAYS gets a W2.

Is it a law? IDK, but it's the legal way to pay a household employee.

The legal way, is to obey the law. If a person working in your home is an independent contractor according to the law, then they are not your employee.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I think certain sleep nannies and newborn nannies are not W2s.

True?

Absolutely. Also some travel nannies, backup nannies, and other nannies who are employed or self-employed by an agency and "loaned" to parents as needed. I have read at least one legal opinion where a part time nanny with a long-term gig was held to be a 1099 contractor, but that is definitely rare. There is no blanket rule here, just a multifactored test that considers where care is rendered, whose supplies are used, who dictates how things will be done (bedtimes, meals, etc.), who sets the nannies schedule, the continuity of the relationship (sporadic vs. regular work), etc. This test almost always leads to a finding that the nanny is employed by her charge's family

Thank you for telling the truth.

[webbkathy]

I would love a citation to the legal opinion where a part time nanny with a long-term gig was held to be a contractor. I have been in the business a long, long time and I have never known this to happen. Educate me?