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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 October 15, 2019

How To Be Successful In Life? 13 Tips From The Most Successful People

How To Be Successful In Life? 13 Tips From The Most Successful People

What is success to you? How to be successful in life?

To some, when they think of success, they imagine wealth; others want power; some just want to make a positive impact on the world.

All of these are perfectly valid, indeed success is a concept that means different things to different people. Though no matter what success is to you, it almost certainly isn’t something will come easily.

There are countless guides and books to being successful, however, as success is personal and unique to each individual. The advice contained in these books can often not be relevant. Therefore following the advice of a single individual can often be unhelpful.

With this in mind, considering the advice of a great many people, people whose ideas of success were different both to each other, and quite possibly, to you can be a good alternative.

What follows is a list of thirteen of the best pieces of advice from some of the most successful people who have ever lived. If you want to learn how to be successful, these 13 tips are essential:

1. Think Big

    From Michelangelo Buonarroti, Great Renaissance Artist:

    “The greater danger for most of us lies not in setting our aim too high and falling short; but in setting our aim too low, and achieving our mark.”

    There are few artists as influential as Michaelangelo. Today centuries after his death, his work still inspires and connects to people. His work is world famous, just think of his statue of David, or the Mural in the Sistine Chapel in the Vatican.

    Imagine then, if he decided not to work as an artist.

    Being a successful artist has always been extremely difficult, imagine if he decided to give up this ambition in favour of something easier?

    Oftentimes, people often decided to put their dreams aside for something more “realistic”. To give up their dream for something easier. This quote teaches us the danger of such a point of view.
    Instead be ambitious.

    2. Find What You Love to Do and Do It

      From Oprah Winfrey, Media Mogul:

      “You know you are on the road to success if you would do your job and not be paid for it.”

      This is a good quote to remember and think about when you’re at work.

      Imagine being as successful as possible in your current job. Ultimately you’ll probably find yourself working extremely hard and this it will take up much of your time.

      If it’s a job you hate, then being successful at it might only mean filling your life with something you hate to do. What’s the sense in this?

      Instead, why not focus on doing something you love? When you’ve found what you’re passionate about, you get the motivation to keep you moving. Success at this means the fulfilment of your dreams.

      Not sure what your passion is yet? You should learn about this Motivation Engine first.

      Even if you’re not successful, you still filled your time with something you love to do. Many successful musicians spent years of their lives doing unpaid performances, the only reason they kept playing was because they loved to perform.

      3. Learn How to Balance Life

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        From Phil Knight, CEO of Nike Inc.:

        “There is an immutable conflict at work in life and in business, a constant battle between peace and chaos. Neither can be mastered, but both can be influenced. How you go about that is the key to success.”

        All too often, people think that to be successful, they need to make the object of their success their life.

        If a person thinks their job will lead them to success, then they may spend countless hours per day, and well into the evening working hard.

        However this comes at the cost of rest, your health and having an enjoyable life. Ultimately they may burn out and cease to be successful at their job anyway.

        If success comes from having a strong social life and a good group of friends, their job may suffer; meaning that they may lose their job, and then be unable to afford going out with friends.

        In these ways, success, as Phil Knight says above, is helped by balance. Think of it as a balance between rest and work, or work and play.

        To achieve that balance, this Ultimate Guide to Prioritizing Your Work And Life can help you.

        4. Do Not Be Afraid of Failure

          From Henry Ford, Founder of Ford Motors:

          “Failure is simply the opportunity to begin again, this time more intelligently.”

          There is a story, it’s unconfirmed whether it actually happened, yet the message within is none the less true:

          Thomas Edison inventing the lightbulb was the result of several hundred failed attempts. In an interview, he was asked “How do you feel after all of your failed attempts?”

          His response was great, “I didn’t fail, I learned hundreds of ways not to invent the lightbulb”

          He saw each “failure” as a lesson. From that lesson he learned what won’t work, and also might work instead.

          Each failed attempt, each rejection, were key steps on his path to success. It is easy to feel like you should give up after a failure. But perhaps in that failure is a lesson.

          Pay attention to your failures, study them. Perhaps then you’ll learn how to succeed.

          If you find it difficult to fight your fear of failure, here’s a guide for you: Why You Have the Fear of Failure (And How to Conquer It Step-By-Step)

          5. Have an Unwavering Resolution to Succeed

            From Colonel Sanders, Founder of KFC:

            “I made a resolve then that I was going to amount to something if I could. And no hours, nor amount of labor, nor amount of money would deter me from giving the best that there was in me. And I have done that ever since, and I win by it. I know.”

            This, in many ways relates to the above quote about learning from your failures.

            It’s the easiest thing in the world to give up from a failure. The only way to push on is if you have the true burning desire to succeed, to not be moved or dissuaded from your goals.

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            If you are not truly dedicated towards success, then each failure will hurt more, each set back will slow you down.

            Success is hard; without the unwavering desire to succeed, this difficulty may seem insurmountable. With the desire, it is merely an obstacle to go through.

            6. Be a Person of Action

              From Leonardo da Vinci, Renaissance Genius:

              “It had long since come to my attention that people of accomplishment rarely sat back and let things happen to them. They went out and happened to things.”

              Though it was said hundreds of years ago, it works just as much today as it ever had. It applies to literally any successful person.

              Think about it, picture someone like William Shakespeare:

              When we think of the time he lived in, we think of the time in a way shaped by him. When we think of Renaissance era Italy, we think of Michelangelo and Leonardo Da Vinci. Or think about the present day, Bill Gates or Steve Jobs. Our current way of life would simply be incomparably different if they didn’t accomplish what they did.

              You’re probably reading this article on a device by a company that they either founded or companies influenced by them.

              All these figures were proactive, they saw ways to do things differently and did them. If they let the world shape them, then they’d simply fit into the background. Instead they shaped the world.

              Applying this to you?

              Don’t be afraid of going outside the norm. If you can think of a better way to do something, do it that way. If you fail, try again.

              7. Cultivate Positive Relationships

                From Theodore Roosevelt, 26th President of America: “

                The most important single ingredient in the formula of success is knowing how to get along with people.”

                The best leaders and some of the most influential people (and Theodore Roosevelt is one of the best leaders and one of the most influential people to have lived) were not those who caused commotions, who fought with people or disregarded people; but were people who were friendly to those around them.

                People liked them. They wanted them to do well.

                This is key to good leadership.

                It’s logical. If someone likes you, they want to help you; if you give them a suggestion, they’ll gladly follow through with it.

                But if someone doesn’t like you, they may either refuse to help or actively get in your way.

                What’s more, it’s always a good idea to cultivate good relationships. You can never tell who will prove to become someone who’ll be able to help you in a big way, or even be a good and supportive friend.

                As such, help people and they may help you; and be good to people, and they my be good to you.

                8. Don’t Be Afraid of Introducing New Ideas

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                  From Mark Twain, Famed Author:

                  “A person with a new idea is a crank until the idea succeeds.”

                  It is an unfortunate truth that those with the boldest ideas are often disregarded.

                  Most of us are taught from an early age to think and do things similarly to everyone else. This can be great to fill an existing role. But to truly do things differently (and all successful people did things differently), you need to think differently.

                  If you have a new idea, don’t throw it away because it’s new and different; instead, celebrate it. Your strange new idea might one day be the one that leads you to success.

                  9. Believe in Your Capacity to Succeed

                    From Walter Disney, Founder of Walt Disney Company:

                    “If you can dream it, you can do it.”

                    Success has to be something you can imagine yourself achieving.

                    It is possible that you will come across those who doubt you and your ability to succeed. You must not become one of these people because the moment you cease believing and dreaming is the moment these dreams fall away.

                    Keep dreaming!

                    10. Always Maintain a Positive Mental Attitude

                      From Thomas Jefferson, 3rd President of America:

                      “Nothing can stop the man with the right mental attitude from achieving his goal; nothing on earth can help the man with the wrong mental attitude.”

                      Like the above quote says, you need to trust in your ability to succeed. This is the only way to cultivate the right mindset.

                      Replace negative thoughts with the positive ones. You need to approach problems, not as obstacles stopping you, but merely tasks that need to be completed for you to keep going.

                      If you stay positive and think like this, setbacks won’t affect you so much, people’s doubts won’t impact you and even the biggest obstacles will seem like minor problems.

                      However with the wrong mindset of doubt, you’ll be much easier to stop.

                      11. Don’t Let Discouragement Stop You from Pressing On

                        From Abraham Lincoln, 16th President of America:

                        “Let no feeling of discouragement prey upon you, and in the end you are sure to succeed.”

                        It is an unfortunate fact of human nature — all of us in some way, doubt ourselves. This can be made far worse if others doubt us too.

                        When surrounded by doubts, giving up can actually seem like a good idea.

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                        Don’t pay attention to the doubts. If you are discouraged, ignore it.

                        If this discouragement moves into your mind and you begin to doubt yourself. It is important to ignore this too.

                        This is How Self Doubt Keeps You Stuck and How to Overcome It

                        12. Be Willing to Work Hard

                          From JC Penny, Founder of JC Penney Inc.:

                          “Unless you are willing to drench yourself in your work beyond the capacity of the average man, you are just not cut out for positions at the top.”

                          You might have heard the quote that “success is 1% inspiration, 99% perspiration” or you may have heard about the 10,000 hours idea.

                          Whichever way you frame it, they say one thing:

                          True success comes from work.

                          You’ll never become successful if you don’t work towards your goal in life and keep working towards it.

                          Check out this article and you’ll understand Why Hard Work Beats Talent.

                          13. Be Brave Enough to Follow Your Intuition

                            From Steve Jobs, Co-founder of Apple Inc.:

                            “Have the courage to follow your heart and intuition. They somehow already know what you truly want to become. Everything else is secondary.”

                            In ancient Greece, there was a group of Oracles who lived in Delphi. Everyone who needed advice or to know their future visited them, from the poorest of society to kings. Above the doorway of the temple were the words “know thyself”.

                            If you strongly believe and desire something, chances are that you already have an idea how to get there. If not, you may naturally know what things will help you and what things will slow you down.

                            It’s like how your body can detect danger even when things seem safe.

                            Ultimately then, you need to trust your own instincts.

                            Final Thoughts

                            What you might have noticed is that many of the above lessons are similar — most are about developing the right state of mind. This clearly suggests that the key to achieving success, in whatever you wish, comes down to the way you approach it mentally.

                            Moreover, no matter what stage of life you’re at now, you can still make a difference and pursue success. You can make resetting your life possible when you do this: How to Start Over and Reboot Your Life When It Seems Too Late

                            More to Help You Succeed in Life

                            Featured photo credit: Ryan Wong via unsplash.com

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