There have certainly been many times during my career when I
have had people ask me about the “nanny tax.” Those people (not surprisingly)
usually have nannies, and are aware that there are some tax responsibilities
that come along with employing that person.
There have certainly been at least as many times in my
career, though, when someone should have been asking me about this “nanny tax,”
and were not. Those people (not surprisingly) did not have nannies, and were
not aware of the responsibilities that come with having a household employee.
Many of them, in fact, were not even aware that they technically had a
household employee.
Although nannies are the occupation that have somehow been
chosen to name and symbolize this issue, it essentially applies to anyone who
works in your home to whom you pay more than $2,000 a year. Cooks,
housekeepers, medical care givers, gardeners, and heck, even babysitters who
don’t get the nanny tag could all fit under this umbrella.
So if you are reading this and realizing that there may be
some legal and tax issues that you have not been properly addressing, please
don’t hesitate to contact us and we can help make sure that you are meeting
your obligations.
I wanted to spend a little more time here keying on the
medical worker aspect of this, however. Many people who receive in-home care
arrange it through a third party, meaning the caregiver is receiving their
wages through an employer who is not the homeowner of where they work. If that
is the case, there is no need to worry, for they already have an employer
taking care of obligations on that end.
When a homeowner personally brings in someone, however, then
they become the employer and as such have the tax obligations of any employer.
Some believe that with the current, possibly in-flux state of medical insurance
in our country that this could be a situation that grows in the coming years.
This may actually be the type of situation where it is most
critical that one is aware of the “nanny tax,” even though these clearly are
not nannies, and of other rules that could help ease one’s tax burden.
For example, a worker could qualify for a companionship
exemption based on the type of care they provide, leading to possible
exclusions from minimum wage and overtime rules. There are also sleep time
exemptions for those who work certain extended hours if adequate sleeping
facilities are provided, continuous sleep for at least five hours is possible,
and the employee agrees to it in writing, so that those hours don’t count as
working hours.
I realize that all of this may seem very vague, and that is
by design. I do not feel that this is
the space to give any sort of specific instructions, recommendations, or
advice, however, for so much of that is dependent on one’s personal situation.
Instead, I just wanted to make you aware that such rules do exist and it is
better to take care of them now than waiting for them to catch up with you.