Reply to Nanny does not want to file taxes

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]You are not her slavemaster so please don't try to control her. She told you how she wants to be paid so please do it.[/quote]

If it were only about the nanny's wishes, like check versus direct deposit, that would be fine.  But this nanny is asking OP to break the law.  And while the nanny would have to pay back taxes and fines if she were caught, OP would face much bigger fines, possibly jail time.  Tax evasion is a felony, not filing your return is just a misdemeanor.[/quote]

OP faces no penalty because it is up to nanny to file taxes if she wishes. If what you say was true no company would ever hire a contractor for fear they might not pay their own taxes and the company gets held liable! Think it through my dear.[/quote]
It's up to the nanny to file taxes so the nanny will have her own reckoning with the IRS. That won't be the OP's problem. The OP's problem will be that she hasn't filed the EMPLOYER taxes.  The OP is liable for the employer's share of taxes, and nanny for her own. [/quote]

OP here.  Thanks for the response above.  [b]Yes, I am happy to pay my part of the employer taxes (social security and medicare and unemployment taxes).  But the Nanny wants to be paid cash.  My question is if I agree to pay her cash, meaning I need to go to the bank to draw cash to pay her, and I also pay my employer taxes, will I get her into trouble if she didn't pay for her share of employee taxes (social security and medicare and unemployment taxes) as well as income taxes.[/b][/quote]

It doesn't work that way - as the employer you send to the IRS BOTH your share and her share of social security and medicare, and you pay unemployment taxes. You are entitled to collect the nanny's ss/medicare and if you don't collect YOU are still on the hook. Her Income Taxes are her responsibility. You can deduct them for her, or not.
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