Advertising
Advertising

The Nanny Tax Nightmare: Risks in Paying Domestic Workers Under The Table

The Nanny Tax Nightmare: Risks in Paying Domestic Workers Under The Table

What’s on your list of “must-haves” for your dream job? A paycheck, perhaps?

Maybe that didn’t make your list, because getting a legitimate paycheck seems like a given. Companies are supposed to pay employees by the books; not under the table. Sure, some people hand their house cleaners cash at the end of each week — but they’re not companies, so that’s different, right? Actually, it’s not so different at all.

Hiring household help on an ongoing basis, in which the worker does not offer services to the general public, categorizes you as a household employer. That means your domestic workers are your employees — and they’re entitled to the same benefits as all non-exempt employees, such as being paid time and a half for overtime work. It also means you’re both required to pay Social Security, and Medicare taxes, if you pay your employees over $2,000 a year.

Many households get around these rules — sometimes unknowingly — by paying “under the table,” and not reporting the household payroll on their taxes. In the eyes of the law, this is tax evasion; and it comes with some serious consequences for both the worker and the household employer.

Advertising

How Common is Paying Under the Table?

Only about 250,000 households in the U.S. report household employee wages, even when workers like nannies providing childcare services  should be reported as a W-2 domestic employee.

According to the IRS, Schedule H filings have declined, even though the Bureau of Labor Statistics (BLS) reports that child care worker and home health aide positions are growing. Although there are many factors at play, tax evasion is likely a main cause of this discrepancy — less than 9% of surveyed domestic employees worked for an employer who paid into Social Security.

Overall, it’s estimated that up to 75% to 95% of people who employ domestic workers don’t pay employment taxes. That’s a lot of people who could find themselves in serious legal trouble — and the plea of “everyone’s doing it” won’t hold up in court.

What Are the Ramifications of Paying Under the Table?

Okay, so you pay your house cleaner or nanny in cash. You know that she’d rather get the cash up front, so she’s not going to report you — if no one finds out, it’s no problem, right? Well, not quite.

Advertising

Whether you get caught paying under the table or not, there are still more downsides than upsides to it. Your housekeeper or nanny won’t have access to things like workers’ compensation, disability benefits, unemployment insurance, Medicare, and Social Security — benefits offered by the government for long-term protection and income stability. This makes it quite difficult to plan for a future and retirement, with no access to Social Security. For domestic workers supporting families of their own, being paid under the table leaves them no way to keep their families financially stable if they become injured, or lose their job.

Your household workers will also lack access to certain loans and rental opportunities, because they have no official history of employment — something you may have taken for granted when you applied for your last car loan, or your apartment lease.

Paying the appropriate taxes comes with benefits for you, too. Household employers can qualify for certain tax breaks when they report their taxes accurately, which helps offset the cost of paying taxes in the first place. Many households can take advantage of the Child and Dependent Care tax credit, which is only available if you pay your nanny tax.

You can actually minimize the cost of your nanny tax, if your employer offers a Flexible Spending Account — a program that allows you to withhold pre-tax money from your paycheck, to pay for child care costs. This may end up offsetting your nanny tax costs completely. Ask your HR department if your employer offers an FSA as part of your benefits package.

Advertising

By paying your worker legally, both you and your employees can rest with peace of mind knowing you won’t be slapped with penalties if you’re audited. If you don’t pay proper taxes, you could end up with:

  • Tax evasion charges
  • Liability for both the employer and employee portions of FICA
  • Back taxes, with penalties and interest
  • Felony charges for tax evasion
  • Loss of a professional license

On average, you’ll pay around $25,000 in fines and penalties when you don’t pay employment taxes for your nanny, housekeeper, or other household worker. Aside from the financial penalty, getting caught for tax evasion has a wildly detrimental effect on your image — especially if your job involves being in the public eye — which can lead to a huge financial loss in your business, or even loss of your job. On top of that, doing the right thing for the people that care for those you love should be a priority. Take care of the people who care for you and yours.

How Can You Get Caught?

It may seem unlikely that you’ll get caught, but there are actually many situations that can expose your tax evasion — more than you might realize. Here are just a few examples:

  • If you misclassify your employees as independent contractors, and issue them a 1099 (opposed to a W-2), you can be charged with tax evasion.
  • If you don’t file your share of Social Security, Medicare, and unemployment taxes; but your employee files their own income taxes, there’s a good chance the IRS will look into it.
  • If you let your nanny go, and she later files for unemployment benefits, she must list her past employers — including your family. The unemployment office will investigate, and find that you didn’t file tax returns, or pay unemployment taxes. You’ll be audited, and your nanny will be declined benefits.
  • If your caregiver is injured at work and goes to the ER, your lack of workers compensation insurance will be exposed.

Note: There is no statute of limitations on failing to pay federal payroll taxes.

Advertising

How to Avoid Penalties

If you employ household workers, you need to follow specific a process to properly file your payroll taxes. Start with these steps:

  • Register with the IRS. You must register yourself as an employer to properly file taxes. To do this, apply for an Employee Identification Number (EIN). Then, you will need to report who is working for you, and where the work occurs.
  • Verify that your workers can legally work in the U.S. It’s against the law to hire a household worker who cannot legally work the U.S. It’s your responsibility to verify that the person you hire is a U.S. citizen, or a non-citizen who can legally work here. You must each fill out the Form I-9, and keep it in your records. This helps protect you, if your employee’s right to work ever comes under question.
  • Withhold and remit the employee’s taxes. Domestic workers can choose to have their taxes taken out of their paycheck before they receive it. As a household employer, you are not legally obligated to do so; but it’s encouraged, as it makes paying taxes easier.
  • Pay your portion of payroll taxes. Like any employer, you are responsible for your share of Social Security and Medicare taxes. You must withhold 7.65% from your employee’s paycheck, and you’ll also have to match that number with your own money.

If all of this seems overwhelming, there are many outsourced payroll solutions that exist to help you, for this very purpose. An outsourced company can handle the finances, taxes, and legal intricacies of household employment — so you can pay your employees and taxes confidently, without fear of penalty.

Featured photo credit: Shutterstock via shutterstock.com

More by this author

Kathleen Webb

Co-Founder, HomeWork Solutions

nanny How to Increase Your Nanny’s Job Satisfaction nanny Understanding Your Nanny’s Annual Performance Review aging parent 5 Tips for Maintaining Work-Life Balance with Aging Parents Nanny The Nanny Tax Nightmare: Risks in Paying Domestic Workers Under The Table dad The Changing Definition of “Dad”

Trending in Lifestyle

1 12 Best Foods That Improve Memory and Brain Health 2 Where Am I Going? How to Put Your Life in Context 3 17 Healthy Late Night Snacks for When Midnight Cravings Hit 4 5 Best Free Websites To Learn Photography Skills Easily 5 10 Ways Helping Others Will Improve Your Life

Read Next

Advertising
Advertising
Advertising

Last Updated on August 12, 2019

12 Best Foods That Improve Memory and Brain Health

12 Best Foods That Improve Memory and Brain Health

Nutrition plays a vital role in brain function and staying sharp into the golden years. Personally, my husband is going through medical school, which is like a daily mental marathon. Like any good wife, I am always looking for things that will boost his memory fortitude so he does his best in school.

But you don’t have to be a med student to appreciate better brainiac brilliance. If you combine certain foods with good hydration, proper sleep and exercise, you may just rival Einstein and have a great memory in no time.

I’m going to reveal the list of foods coming out of the kitchen that can improve your memory and make you smarter.

Here are 12 best brain foods that improve memory and brain power:

1. Nuts

The American Journal of Epidemiology published a study linking higher intakes of vitamin E with the prevention on cognitive decline.[1]

Nuts like walnuts and almonds (along with other great foods like avocados) are a great source of vitamin E.

Cashews and sunflower seeds also contain an amino acid that reduces stress by boosting serotonin levels.

Walnuts even resemble the brain, just in case you forget the correlation, and are a great source of omega 3 fatty acids, which also improve your mental magnitude.

Advertising

2. Blueberries

Shown in studies at Tuffs University to benefit both short-term memory and coordination, blueberries pack quite a punch in a tiny blue package.[2]

When compared to other fruits and veggies, blueberries were found to have the highest amount of antioxidants (especially flavonoids), but strawberries, raspberries, and blackberries are also full of brain benefits.

3. Tomatoes

Tomatoes are packed full of the antioxidant lycopene, which has shown to help protect against free-radical damage most notably seen in dementia patients.

4. Broccoli

While all green veggies are important and rich in antioxidants and vitamin C, broccoli is a superfood even among these healthy choices.

Since your brain uses so much fuel (it’s only 3% of your body weight but uses up to 17% of your energy), it is more vulnerable to free-radical damage and antioxidants help eliminate this threat.

Broccoli is packed full of antioxidants, is well-known as a powerful cancer fighter and is also full of vitamin K, which is known to enhance cognitive function.

5. Foods Rich in Essential Fatty Acids

Your brain is the fattest organ (not counting the skin) in the human body, and is composed of 60% fat. That means that your brain needs essential fatty acids like DHA and EPA to repair and build up synapses associated with memory.

The body does not naturally produce essential fatty acids so we must get them in our diet.

Advertising

Eggs, flax, and oily fish like salmon, sardines, mackerel and herring are great natural sources of these powerful fatty acids. Eggs also contain choline, which is a necessary building block for the neurotransmitter acetylcholine, to help you recall information and concentrate.

6. Soy

Soy, along with many other whole foods mentioned here, are full of proteins that trigger neurotransmitters associated with memory.

Soy protein isolate is a concentrated form of the protein that can be found in powder, liquid, or supplement form.

Soy is valuable for improving memory and mental flexibility, so pour soy milk over your cereal and enjoy the benefits.

7. Dark Chocolate

When it comes to chocolate, the darker the better. Try to aim for at least 70% cocoa. This yummy desert is rich in flavanol antioxidants which increase blood flow to the brain and shield brain cells from aging.

Take a look at this article if you want to know more benefits of dark chocolate: 15 Surprising and Science-Backed Health Effects of Dark Chocolate

8. Foods Rich in Vitamins: B vitamins, Folic Acid, Iron

Some great foods to obtain brain-boosting B vitamins, folic acid and iron are kale, chard, spinach and other dark leafy greens.

B6, B12 and folic acid can reduce levels of homocysteine in the blood. Homocysteine increases are found in patients with cognitive impairment like Alzheimer’s, and high risk of stroke.

Advertising

Studies showed when a group of elderly patients with mild cognitive impairment were given high doses of B6, B12, and folic acid, there was significant reduction in brain shrinkage compared to a similar placebo group.[3]

Other sources of B vitamins are liver, eggs, soybeans, lentils and green beans. Iron also helps accelerate brain function by carrying oxygen. If your brain doesn’t get enough oxygen, it can slow down and people can experience difficulty concentrating, diminished intellect, and a shorter attention span.

To get more iron in your diet, eat lean meats, beans, and iron-fortified cereals. Vitamin C helps in iron absorption, so don’t forget the fruits!

9. Foods Rich in Zinc

Zinc has constantly demonstrated its importance as a powerful nutrient in memory building and thinking. This mineral regulates communications between neurons and the hippocampus.

Zinc is deposited within nerve cells, with the highest concentrations found in the hippocampus, the part of the brain responsible for higher learning function and memory.

Some great sources of zinc are pumpkin seeds, liver, nuts, and peas.

10. Gingko Biloba

This herb has been utilized for centuries in eastern culture and is best known for its memory boosting brawn.

It can increase blood flow in the brain by dilating vessels, increasing oxygen supply and removing free radicals.

Advertising

However, don’t expect results overnight: this may take a few weeks to build up in your system before you see improvements.

11. Green and Black Tea

Studies have shown that both green and black tea prevent the breakdown of acetylcholine—a key chemical involved in memory and lacking in Alzheimer’s patients.

Both teas appear to have the same affect on Alzheimer’s disease as many drugs utilized to combat the illness, but green tea wins out as its affects last a full week versus black tea which only lasts the day.

Find out more about green tea here: 11 Health Benefits of Green Tea (+ How to Drink It for Maximum Benefits)

12. Sage and Rosemary

Both of these powerful herbs have been shown to increase memory and mental clarity, and alleviate mental fatigue in studies.

Try to enjoy these savory herbs in your favorite dishes.

When it comes to mental magnitude, eating smart can really make you smarter. Try to implement more of these readily available nutrients and see just how brainy you can be!

More About Boosting Brain Power

Featured photo credit: Pexels via pexels.com

Reference

Read Next