1099 as Nanny

[Anonymous]

The family told me they wants 1099. Do I have to accept the position?

[Anonymous]

First of all, you aren't an independent contractor. Also, you don't have to accept any position you aren't comfortable with.

[Anonymous]

No. Nannies cannot be 1099 employees. Illegal.

[Anonymous]

Anonymous wrote:First of all, you aren't an independent contractor. Also, you don't have to accept any position you aren't comfortable with.

+ 1

So true.

[Anonymous]

Anonymous wrote:No. Nannies cannot be 1099 employees. Illegal.

Please stop lying. Lots of specialty nannies are self-employed. They go to the International Nanny Association conference every year.

[Anonymous]

Anonymous wrote:

Anonymous wrote:No. Nannies cannot be 1099 employees. Illegal.

Please stop lying. Lots of specialty nannies are self-employed. They go to the International Nanny Association conference every year.

Run of the mill nannies are not contractors, they are domestic employees per the irs. Specialty nannies are still not contractors, but they ignore the irs.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No. Nannies cannot be 1099 employees. Illegal.

Please stop lying. Lots of specialty nannies are self-employed. They go to the International Nanny Association conference every year.

Run of the mill nannies are not contractors, they are domestic employees per the irs. Specialty nannies are still not contractors, but they ignore the irs.

Certain specialty nannies are self-employed independent contractors. If you don't understand the IRS stipulations, just list them here and we can help you.

[Anonymous]

What's a specialty nanny? ST? Consultant?

[Anonymous]

Here is a link from the IRS.

https://www.irs.gov/publications/p926#en_US_2017_publink100086722

[Anonymous]

They’re taking advantage of you. A 1099 gets them off the hook for taxes, but YOU would be on the hook for eveynting. If you were a 1099 you would have to charge double if not triple to cover your tax expenses. Don’t be a fool.

[Anonymous]

If they don’t withhold federal and state taxes, you can do 1099. If they do withhold all taxes, they must provide you with a w-2

[Anonymous]

Thanks for all helpful information

[Anonymous]

Anonymous wrote:If they don’t withhold federal and state taxes, you can do 1099. If they do withhold all taxes, they must provide you with a w-2

Nope. Ordinary nannies are employees, not independent contractors. Employers have an obligation to withhold taxes and report wages on a Form W-2.
https://www.irs.gov/publications/p926#en_US_2017_publink100086722

[Anonymous]

Anonymous wrote:What's a specialty nanny? ST? Consultant?

Probably nannies who fall under the category of "companion sitters." "Companion sitters are individuals who furnish personal attendance, companionship, or household care services to children or to individuals who are elderly or disabled....Companion sitters who aren't employees of a companion sitting placement service are generally treated as self-employed for all federal tax purposes." IRS Pub. 15A

Most nannies are employees, because the rule is that "an individual is an independent contractor if you, the person for whom the services are performed, have the right to control or direct only the result of the work and not the means and methods of accomplishing the result." Another way to put it is "anyone who performs services for you is generally your employee if you have the right to control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed."

A parent who hires a nanny has the right to control what that nanny does and how s/he does it--what to feed a child, what activities the child engages in, what equipment the nanny should use, etc. So the nanny is an employee.

[Anonymous]

Anonymous wrote:

Anonymous wrote:What's a specialty nanny? ST? Consultant?

Probably nannies who fall under the category of "companion sitters." "Companion sitters are individuals who furnish personal attendance, companionship, or household care services to children or to individuals who are elderly or disabled....Companion sitters who aren't employees of a companion sitting placement service are generally treated as self-employed for all federal tax purposes." IRS Pub. 15A

Most nannies are employees, because the rule is that "an individual is an independent contractor if you, the person for whom the services are performed, have the right to control or direct only the result of the work and not the means and methods of accomplishing the result." Another way to put it is "anyone who performs services for you is generally your employee if you have the right to control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed."

A parent who hires a nanny has the right to control what that nanny does and how s/he does it--what to feed a child, what activities the child engages in, what equipment the nanny should use, etc. So the nanny is an employee.

I'm a nanny who isn't controlled by the parental whims. I let them know how I function and they may hire me for my specific skill set and experience. However, most parents would probably want to maintain control, so I'm definitely not for everyone. But I file as an employee because it's easier for me right now.