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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Providing her with value (living space/food/vacations) is likely taxable income for her if she is working (childcare) at all; similarly you could be considered to be "employing" her meaning you should be paying SS and medicare taxes etc.  I am not an expert, so you may want to ask your accountant for better info.  Of course, all of this is unlikely to be discovered by the IRS unless 1) someone turns you in, 2) she gets mad at you and blows it up/calls a lawyer saying you held her captive etc 3) you are a federal employee who might be asked directly about this type of thing.  It also makes it hard on those families for whatever reason don't believe in doing this as our Au Pairs throw this at us when they explain why they are rematching or why their friend's host family is better than us....[/quote]

But a former ap on a student visa can't legally work so how do they have taxable income? And you can't be "employing" her... so that makes no sense.[/quote]

Employing someone who can’t legally work doesn’t exempt you from the tax burden.  If you don’t pay the taxes as well, you’ll just get hit with more crap if you get caught.  It’s not worth it.[/quote]

Exactly.  It only takes something like 1200 hours a year of babysitting or other domestic work to trigger the requirement that you pay SS and other taxes for your domestic employee.  Do you think if you have an AP work illegally it then means you don't fall under this rule.  Good luck telling the IRS that.  If you are a high earner, you may in fact get audited and trust me, the first thing an auditor will look at is who is taking care of your kids and are you paying the appropriate taxes.  [/quote]

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