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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]OP, treat the babysitter like a contractor where it's her job to pay the taxes and leave you out of it. Just pay her the full rate. We're mom's who need child care, not corporations. This country is getting more ridiculous by the day.[/quote]

Bad idea.  A nanny is not a contractor and you can get in trouble for treating her like one.  [/quote]

Oh, really expert. Spit out the "trouble".... Smoke and mirrors is all you paranoias got. An employee can be treated like a contractor and it's completely legal and it's completely on book. It really relieves the stress of direct higher. People need to start thinking out of the box once in a while. Good luck OP.[/quote]

It is NOT legal to pay a nanny as an independent contractor! While it is legal to pay some people that way, a nanny is never classified as one unless she is setting up all the rules of how to care for the child, when she wants to come in and leave, and so on. I have never heard of a nanny that can work in this manner, therefore she is considered a domestic worker and paid as such. If you are going to be 10 minutes late, can your nanny decide that she is just going to leave at her normal time anyways? Or decide to leave an hour earlier that day, before you are back home?

Being legal doesn't just mean having her pay some kind of taxes. It means paying the RIGHT taxes in the right way. The employer would have to still show that they are paying money to the nanny, and then labeling her as an independent contractor to not pay employer taxes. All the IRS has to do is see that she is actually a domestic worker and the parents will be in heaps of trouble. The nanny not so much, as she will have been paying not only what she should have been but more taxes than she should have been. The parents could be caught for fraud and tax evasion. I don't see how that is "completely legal and completely on book".[/quote]

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