V9 — Issue 4

Household employees play a crucial role in many homes, providing essential services such as childcare, eldercare, housekeeping, and gardening. However, employing household help comes with a set of responsibilities, particularly in terms of payroll, withholding, and tax reporting. This article delves into the intricacies of household employment, including the classification of workers, payroll requirements, tax implications, and the penalties for non-compliance.

Who is a Household Employee? – A household employee is someone who performs domestic services in a private home. This includes nannies, caregivers, housekeepers, gardeners, and other similar roles. The key factor that distinguishes a household employee from an independent contractor is the degree of control the employer has over the work performed. If the employer dictates what work is to be done and how it is to be done, the worker is typically considered an employee.   

A worker who performs childcare services in their home generally is not an employee of the parents whose children are cared for. If an agency provides the worker and controls what work is done and how it is done, then the worker is not considered a household employee.

Examples of Household Employees:

• Nannies and babysitters
• Caregivers for elderly or disabled individuals
• Housekeepers and maids
• Gardeners and landscapers (if they work under the homeowner’s direction)

Independent Contractors: Independent contractors, on the other hand, operate their own businesses and provide services to the public. They typically supply their own tools, set their own hours, and determine how the work will be completed. They are not treated as household employees and there are no reporting requirements when they work for you in your private home.  Examples include:

• Plumbers
• Gardeners and landscapers (if they don’t work under the homeowner’s direction)
• Electricians
• Pool maintenance workers
• Freelance landscapers

Payroll and Withholding Requirements – When you hire a household employee, you become an employer and must adhere to specific payroll and withholding requirements. Here are the key steps involved:

• Obtain Employer Identification Numbers (EINs): You need to obtain a federal EIN from the IRS and, in some cases, a state EIN.
• Form I-9: Both the employer and the employee must complete Form I-9 to verify the employee’s eligibility to work in the U.S.
• Schedule H: Household Employment Taxes – Employers report household employment taxes on Schedule H, which is filed with their federal income tax return (Form 1040). Schedule H covers Social Security and Medicare taxes, FUTA, and any withheld federal income tax.  

• • Social Security and Medicare Taxes: You must withhold Social Security and Medicare taxes from your employee’s wages and pay the employer’s share of these taxes. For 2024, the Social Security tax rate is 6.2% for both the employer and the employee, and the Medicare tax rate is 1.45% each.

• • Federal Unemployment Tax (FUTA): You may also need to pay FUTA tax if you pay your household employee $1,000 or more in any calendar quarter. The FUTA tax rate is 6.0% on the first $7,000 of wages paid to each employee.

• • Income Tax Withholding: Federal income tax withholding is not required for household employees unless both the employer and the employee agree to it. However, it is advisable to withhold federal income tax to help the employee avoid a large tax bill at the end of the year.

• State Employment Taxes: State requirements vary, but you may need to pay state unemployment insurance and disability insurance taxes. Contact this office for state reporting requirements.  
• W-2 and W-3 Forms: At the end of the year, you must provide your household employee with a Form W-2, Wage and Tax Statement, and file a copy with the Social Security Administration along with Form W-3, Transmittal of Wage and Tax Statements. These forms are generally due by January 31 following the year you paid the employee.

“Nanny” SEPs – A recent tax law change allows employers of domestic employees to establish a Simplified Employee Pension (SEP) plan to provide retirement benefits for their domestic employees, such as nannies. These plans have come to be termed “Nanny” SEPs, but can be made available to other types of domestic employees.

• Tax Treatment: Contributions made to a SEP are generally tax-deferred for the employee, meaning the employee does not pay taxes on the contributions until they withdraw the funds, typically during retirement.
• Distribution Rules: Distributions from SEPs are taxed similarly to IRA distributions. Early withdrawal penalties may apply if funds are withdrawn before the employee reaches age 59½.
• Required Minimum Distributions (RMDs): Employees must start taking required minimum distributions from the SEP once they reach the age of 73 (or 70½ if they reached that age before 2020, or if they attained age 72 during 2020 through 2022).
• No Loans: Loans are not permitted from SEP plans, as they are considered IRA-based plans.

This provision allows domestic employees to benefit from retirement savings plans like those available to employees in other sectors, promoting financial security for these workers. This is not a requirement but can be a valuable benefit to attract and retain quality household employees.

Deductibility of Household Employee Payments – Payments to household employees, and the employer’s associated payroll tax payments, are generally considered personal expenses and are not deductible. However, there are exceptions:

• Medical Expenses: Wages and other amounts paid for nursing services can be included as medical expenses if the services are necessary for medical care. This includes services such as administering medication, bathing, and grooming the patient.
• Child and Dependent Care Credit: Expenses for household services or care of a qualifying individual that allow the taxpayer to work may qualify for the child and dependent care credit. However, the same expense cannot be used both as a medical expense and for the child and dependent care credit.

Penalties for Non-Compliance – Failing to comply with household employment tax requirements can result in significant penalties:

• Failure to Withhold and Pay Taxes: If you do not withhold and pay Social Security, Medicare, and FUTA taxes, you may be liable for the unpaid taxes, plus interest and penalties.
• Failure to File Forms: Not filing required forms, such as Form W-2, can result in penalties. For example, the penalty for failing to file a correct Form W-2 by the due date can range from $60 to $330 per form, depending on how late the form is filed.
• Misclassification of Employees: Misclassifying an employee as an independent contractor to avoid payroll taxes can lead to back taxes, interest, and penalties. The IRS has strict guidelines for determining worker classification, and misclassification can result in significant financial consequences. Some states have different guidelines, often more restrictive than the federal rules. 

Other Tax Issues:

• Overtime Pay: Under the Fair Labor Standards Act (FLSA), domestic employees are nonexempt workers and are entitled to overtime pay for any work beyond 40 hours in each week. However, live-in employees are an exception to this rule in most states.
• Hourly Pay vs. Salary: It is illegal to treat nonexempt employees as if they are salaried. Household employees must be paid on an hourly basis, and any overtime must be compensated accordingly.
• Separate Payrolls: Business owners must maintain separate payrolls for household employees. Personal funds, not business funds, must be used to pay household workers. Including household employees on a business payroll is not allowable as a business deduction.

Employing household help comes with a set of responsibilities that go beyond simply paying wages. Understanding the classification of workers, adhering to payroll and withholding requirements, and complying with tax reporting obligations are crucial to avoid penalties and ensure legal compliance. Additionally, offering benefits such as Nanny SEPs can help attract and retain quality household employees.

Please contact our office for questions and help meeting federal and state reporting requirements.