Anonymous wrote:Ignore the PPs who say you are not required to withhold taxes or that no one cares, OP. They're wrong. The IRS doesn't distinguish between babysitting and other childcare providers. You are subject to the same IRS regulations.
The law is clear. Don't break the law.
Umm, I'm one of the PPs who said this, and in this particular situation, I am *not* wrong. The issue is not whether babysitting is any different from other child care--it's whether the employee started out as a permanent regular employee, which this one did not. If the employee was an occasional employee and the employer did not expect to meet the $1900 threshold for the year, there was no requirement to withhold or pay those taxes for the initial pay periods. These kick in once the thresholds are met, and at that point, you don't go back and withhold retroactively.
For household employees, you are also not required to withhold FICA regardless (different from standard employees). You have to *pay* the full amount, but whether you pay it from your own funds or the employee pays half of it is up the the agreement between employee and employer, per the IRS. In this case, I'd probably withhold it moving forward but just pay it myself for the early pay periods when there was no withholding for simplicity's sake. Do be sure you keep track of how much you paid during that time, though.
OP, both IRS and SSA have great guides to how (and when) to calculate and pay taxes for household employees on their websites; I highly recommend reading through to see where your situation will fall. (Note also, for instance, that you need to pay Federal Unemployment Tax if you pay at least $1000 in a quarter, even if you never hit $1900 for the year--so it's a slightly different threshold.)