reporting taxes for full time nanny

[Anonymous]

We are in the process of hiring a full time nanny. It is our first time through the process and I'm trying to understand the tax process involved. As an example: one of the nannies we are interested in is in the process of working on citizenship. Because of that we were told we could still file a 1099 form at the end of the year to ensure we're still reporting to the IRS the income we paid. She would be able to provide us a tax identification #. Does anyone have experience with this? I want to be able to explain the process to the nanny should we go down this path.

[Anonymous]

15.3% discount for you!

[Anonymous]

You need to read up on the rules, stat. Hint: no 1099s are involved.

[Anonymous]

Why do you say no 1099 involved?

[Anonymous]

Because nannies are w2 employees.

[Anonymous]

What is the risk of submitting a 1099 anyway to ensure we're reporting the income we paid the person? Isn't that better than not reporting at all and paying under the table? We're just really interested in this person a but she doesn't have a SS# yet so can't do a W2. Thanks.

[Anonymous]

Having a tin vs ss# has no effect on filing a w-2 vs 1099.

The risk of filing a 1099 is the nanny appealing, correctly, that she has been misclassifird as an IC. At the very least, you will then owe about 15% of your nanny's salary in back taxes, twice your original liability. State by state, there can be additional civil and, more and more, criminal liability for mis classifying.

[Anonymous]

I agree with others OP - you need a quick education. Consult w/ your tax preparer or an attorney or even just call a couple of the services (like Breedlove) that manage these issues for employers.

You cannot employ a nanny as an independent contract. Her citizenship status doesn't change that answer (though whether she is legally able to work in the US is certainly important.)

[Anonymous]

Erg - contractor, not contract.

[Anonymous]

Thank you so much. Great feedback!

[Anonymous]

Some professional nannies are in fact, legally independant contractors. Most obviously aren't, and certainly not this one.

[nannydebsays]

Anonymous wrote:Some professional nannies are in fact, legally independant contractors. Most obviously aren't, and certainly not this one.

Really? How does that work exactly?

[Anonymous]

nannydebsays wrote:

Anonymous wrote:Some professional nannies are in fact, legally independant contractors. Most obviously aren't, and certainly not this one.

Really? How does that work exactly?

They are nannies who are trained and experienced with newborn or infant care. Haven't you heard?

[Anonymous]

Anonymous wrote:

nannydebsays wrote:

Anonymous wrote:Some professional nannies are in fact, legally independant contractors. Most obviously aren't, and certainly not this one.

Really? How does that work exactly?

They are nannies who are trained and experienced with newborn or infant care. Haven't you heard?

That is not the test for being an IC.

[Anonymous]

Anonymous wrote:

nannydebsays wrote:

Anonymous wrote:Some professional nannies are in fact, legally independant contractors. Most obviously aren't, and certainly not this one.

Really? How does that work exactly?

They are nannies who are trained and experienced with newborn or infant care. Haven't you heard?

Let me guess, they also make $25/hour? Get out of here crazy. Everyone knows it's you.