Way too many parents feel entitled to cheap childcare. Any way they can get it. Sad.

At the risk of wading into a flame war...

And the fact the candidate is no legally eligible for work in the US makes no difference on a family's and nanny's tax obligations.

http://www.4nannytaxes.com/index.cfm/resources/nannyhousekeeper-faq-list/nanny-independent-contractor/

If she does not have a SSN then I would think she is not allowed to work here in almost all cases. I would not hire someone not permitted to work here.

Anonymous wrote:What is the risk of submitting a 1099 anyway to ensure we're reporting the income we paid the person? Isn't that better than not reporting at all and paying under the table? We're just really interested in this person a but she doesn't have a SS# yet so can't do a W2. Thanks.

You can do a W2 with TIN. You are presenting this as a false dilemma of "pay with a 1099" or "pay completely under the table." There are other options.

Just FYI, I don't know what your nanny is telling you, but I don't know of any path to citizenship that doesn't start with a green card, and if she has a green card, she should already have a SNN. US citizenship is not a prerequisite for having a SSN.

Anonymous wrote:

Anonymous wrote:Nannies can't be IC.

An IC has total control over how a job is done.

The IRS makes no such statement that "nannies can't be IC". If you'd like to mention which town you're in, maybe we'd know a nanny who is an independant contractor according to IRS. But that would just make you mad.

Correct. The IRS doesn't.

Anonymous wrote:Nannies can't be IC.

An IC has total control over how a job is done.

The IRS makes no such statement that "nannies can't be IC". If you'd like to mention which town you're in, maybe we'd know a nanny who is an independant contractor according to IRS. But that would just make you mad.

Nannies can't be IC.

An IC has total control over how a job is done.

Anonymous wrote:Some professional nannies are in fact, legally independant contractors. Most obviously aren't, and certainly not this one.

Key word here is MOST.

Anonymous wrote:

Anonymous wrote:

nannydebsays wrote:

Anonymous wrote:Some professional nannies are in fact, legally independant contractors. Most obviously aren't, and certainly not this one.

Really? How does that work exactly?

They are nannies who are trained and experienced with newborn or infant care. Haven't you heard?

That is not the test for being an IC.

You may read IRS.gov for your test, but even then you can double check directly by providing many details to IRS. They'll tell you MOST nannies are employees. That's all.
It seems you simply don't know any where you are.