Employment Taxes for Household Workers in content page of articles
The IRS usually considers you an employer of a person to which both of these apply:
- You hired the person to work in your home.
- You have control over how the person performs the work.
These employees include a:
- Housekeeper
- Maid
- Nanny
- Gardener
As an employer, you might have to pay employment taxes — also known as the nanny tax. Employment taxes you might have to pay include:
- Social Security tax
- Medicare tax
- Federal unemployment tax
- State unemployment tax (varies by state)
Social Security and Medicare
If you pay a household employee cash wages of $1,800 or more in 2012, those cash wages are:
- Social Security wages
- Medicare wages
This is regardless of when the employee earned the wages. You’ll owe Social Security and Medicare taxes on all of those wages.
However, you might have paid the employee less than $1,800 in cash wages in 2012. If so, none of the wages paid to the employee are Social Security and Medicare wages. You won’t owe Social Security or Medicare tax on those wages.
The rules regarding payment of Social Security and Medicare taxes don't apply to your:
- Employees under age 18
- Children under age 21
- Spouse
- Parents, in many cases
Federal unemployment tax (FUTA)
You might pay cash wages to household employees totaling $1,000 or more in any calendar quarter of 2012 or the previous year. If so, FUTA wages are the first $7,000 of cash wages paid to each household employee in 2012 and 2013.
A calendar quarter is:
- January through March
- April through June
- July through September
- October through December
Your employee's cash wages might reach $7,000 during the year. If so, don't figure the FUTA tax on further wages paid to that employee during the rest of the year.
The cash wages you paid in 2012 might still be FUTA wages if both of these apply:
- The cash wages paid are less than $1,000 in each calendar quarter of 2012.
- You had a household employee in 2011.
They’re FUTA wages if the cash wages paid to household employees in any calendar quarter of 2011 totaled $1,000 or more.
The rules regarding payment of federal unemployment tax don't apply to your:
- Children under age 21
- Spouse
- Parent
You're not required to withhold federal income tax, but you can if your employee requests it.
You must file a separate Form W-2: Wage and Tax Statement for each household employee you pay either of these:
- Social Security and Medicare wages of $1,800 or more for tax year 2012
- Wages you withheld federal income tax from
You must file Schedule H with your individual return to report household employment taxes if, in 2012, you paid any of these:
- Cash wages of $1,800 or more to any 1 household employee
- FUTA wages -- total cash wages of $1,000 or more in any calendar quarter to all household employees
- Wages to household employees you withheld federal income tax from
If you're required to file Schedule H or Form W-2, you must have an employer identification number (EIN). You can get one by either:
- Filing IRS Form SS-4: Application for Employer Identification Number
- Applying online at www.irs.gov
To learn more, see IRS Publication 926: Household Employer's Tax Guide.