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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.

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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.

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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.

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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.

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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

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Kathleen Webb

Co-Founder, HomeWork Solutions

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Last Updated on August 15, 2018

7 Amazing Things That Will Happen When You Do Plank Every Day

7 Amazing Things That Will Happen When You Do Plank Every Day

Bodyweight exercises are gaining ground in the fitness world due to the practicality and simplicity of getting in shape using your own body weight. Planks are one form of bodyweight exercises that will never go out of fashion. Planks are one of the most effective exercises you can do. Why? Because they require a small time investment on your part, and offer the chance to achieve substantial results in a relatively short span of time.

Video Summary

Why is it important to train up our core strength?

There are numerous sites and blogs which detail ways to build your core muscles or core strength. Often though, these sites neglect to explain what your core muscles actually are, and why building them is important.

This is quite surprising, as core muscles are quite easy to explain. Your core muscles are a series of muscles in your midsection, and are used in most forms of movement. Though they aren’t housed in your arms or legs, your core muscles can help transfer force from one limb to another, or are used in addition to muscles in your arms or legs to increase their effectiveness. As such a strong core will make a big improvement on your ability to move and exercise further.

Also they are great for helping other muscles in your midsection such as your abdominal muscles. Your abdominal muscles are important for supporting your back and spinal column, and as such are important aids in preventing injuries. However for them to be most effective you need to spend a lot of time developing your core muscles.

In short, planking exercises can make a huge improvement in your muscles down your whole body. Making them a hugely effective exercise to perform.

One Exercise, multiple benefits

There are few forms of exercise as effective at building your core as planking exercises. However, planking exercises benefit far more than just your core strength.

By holding yourself in the position for a planking exercise, you’ll notice that your biceps, neck, and shoulder muscles are also being tested and strained. This this encouraging their buildup and development. This is great news if you like to do press ups, developed shoulder muscles will have a big impact on your press up performance.

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When planking, you are holding yourself up through your arms and biceps and so by holding a planking position, your arm muscles are being toned and developed. Making planking a great alternative exercise to other forms of bicep developing exercises.

Moving down your midsection, successful plank exercises actually develop the muscles in your butt! These muscles tend to be ignored by a lot of exercises, so this is another great benefit of plank exercises.

In much the same way as you develop your biceps and arm muscles, holding the planking position helps develop the muscles in your thighs too.

What is even better is that planking exercises don’t take much time at all. In fact you should probably only spend about ten minutes max per day in the planking exercise.

What will happen when you start doing planks every day

    1. You’ll improve core definition and performance: 

    Planks are an ideal exercise for the abdominal muscles exactly because they engage all major core muscle groups including the transverse abdominus, the rectus abdominusthe external oblique muscle, and the glutes. The importance of strengthening each muscle group cannot be underestimated either, for all of these groups serve their own purpose. If you strengthen these muscle groups you will notice:

    • Transverse abdominis: increased ability to lift heavier weights.
    • Rectus adbominis: improved sports performance, particularly with jumping. This muscle group is also responsible for giving you the renowned six pack look.
    • Oblique muscles: improved capacity for stable side-bending and waist-twisting
    • Glutes: a supported back and a strong, shapely booty.

    2. You’ll decrease your risk of injury in the back and spinal column

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      Doing planks is a type of exercise that allow you to build muscle while also making sure that you are not putting too much pressure on your spine or hips. According to the American Council on Exercise, doing planks regularly not only significantly reduces back pain but it also strengthens your muscles and ensures a strong support for your entire back, especially in the areas around your upper back.

      Check out this article if you would like to find out about how doing planks on different surfaces can impact the effectiveness of this exercise in strengthening your core.

      3. You’ll experience an increased boost to your overall metabolism

        Planking is an excellent way of challenging your entire body because doing them every day will burn more calories than other traditional abdominal exercises, such as crunches or sit-ups. The muscles you strengthen by doing this exercise on a day-to-day basis will ensure that you burn more energy even when sedentary. This is especially important if you are spending the majority of your day sitting in front of a computer. Also, making it a daily 10- to 1 minute home exercise before or after work will not only provide an enhanced metabolic rate but it will also ensure that that metabolic rate remains high all day long, (yes, even while you are asleep).

        4. You’ll significantly improve your posture

          Planking exercises have a great impact and improvement on your posture. This is great news as a strong posture brings with it a huge number of fantastic benefits .

          A good posture keeps your bones and joins in the correct alignment which means both your bones and joints will be better maintained and more healthy, but also means the overall effectiveness of your muscles will be improved.

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          A good posture will ensure your back or spine is in the correct position and so you will suffer less back pain.

          On top of everything, someone with good posture looks better, healthier, and more confident.

          5. You’ll improve overall balance

            Have you ever felt that when you tried standing on one leg, you couldn’t stand up straight for more than a couple of seconds? It’s not because you were drunk- unless you happened to be at the time!-  but rather, it’s because your abdominal muscles weren’t strong enough to give you the balance you needed. Through improving your balance by doing side planks and planks with extensions you will boost your performance in every kind of sporting activity.

            6. You’ll become more flexible than ever before

              Flexibility is a key benefit of doing planks regularly, for this form of exercise expands and stretches all your posterior muscle groups – shouldersshoulder blades, and collarbone – while also stretching your hamstrings, arches of your feet, and toes. With a side plank added in to the mix, you can also work on your oblique muscles. This will provide you with further benefits when it comes to hyper-extending your toes, a movement that is crucial for supporting your body’s weight.

              7. You’ll witness mental benefits

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                Plank exercises have a particular effect on our nerves, making them an excellent means of improving overall mood. How? Well, they stretch out muscle groups that contribute to stress and tension in the body. Just think about it: you are sitting in your chair, at home or at work, all day long; your thigh muscles get tight, your legs get heavy due to being bent for several hours; and tension develops in your shoulders due to being forced to slump forward all day. These are all circumstances that put too stress on the muscles and nerves. The good news is that planks not only calm your brain, but they can also treat anxiety and symptoms of depression– but only if you make it part of your daily routine.

                How to hold a plank position

                1. Get into pushup position on the floor.
                2. Now bend your elbows 90 degrees and rest your weight on your forearms.
                3. Keep your torso straight and rigid and your body in a straight line from ears to toes with no sagging or bending.
                4. Your head is relaxed and you should be looking at the floor.
                5. Hold the position for as long as you can.
                6. Remember to breathe. Inhale and exhale slowly and steadily.
                7. When your form begins to suffer, pull the plug. You’re only benefiting from the plank by actually doing the plank.

                Watch the video if you have any doubt!

                Here is a great infographic that shows the best plank variation exercises to evenly target all abdominal muscle groups:

                  How to improve your plank time gradually

                  1. Start with the easier variation if needed. You can start with a bent-knee plank if you can’t perform a regular plank yet. If you can hold a plank for more than two minutes with ease, you can move on to these tougher variations.
                  2. Practise every day. Space your planking exercise throughout the day and do 3-4 times every day. Try to hold the position 10 seconds longer each time.
                  3. Perform other body-weight exercises at the same time. Push-up and squat will improve your core strength too.

                  Are you ready to devote 5-10 minutes of your day, every day, to stay fit, healthy and, most importantly, strong as a bull? Then jump in and make doing plank exercises a part of your life.

                  Who Should Be Cautious Doing The Plank?

                  You need to be cautious doing Planking exercises if any of these risks apply to you:

                  • Prolapse
                  • After prolapse surgery
                  • Pelvic pain conditions
                  • Weak or poorly functioning pelvic floor muscles
                  • Previous childbirth
                  • Overweight

                  Choose an alternative pelvic floor abdominal exercise or consult your doctor before performing plank regularly.

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