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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 July 3, 2020

How to Control Your Thoughts and Be the Master of Your Mind

How to Control Your Thoughts and Be the Master of Your Mind

Your mind is the most powerful tool you have for the creation of good in your life, but if not used correctly, can also be the most destructive force in your life. To control your thoughts means to influence the way you live your life.

Your mind, more specifically, your thoughts, affects your perception and therefore, your interpretation of reality. (And here’s Why Your Perception Is Your Reality)

I have heard that the average person thinks around 70,000 thoughts a day. That’s a lot, especially if they are unproductive, self-abusive, and just a general waste of energy.

You can let your thoughts run amok, but why would you? It is your mind, your thoughts; isn’t it time to take your power back? Isn’t it time to take control?

Choose to be the person who is actively, consciously thinking your thoughts. Be someone who can control your thoughts—become the master of your mind.

When you change your thoughts, you will change your feelings as well, and you will also eliminate the triggers that set off those feelings. Both of these outcomes provide you with a greater level of peace in your mind.

I currently have a few thoughts that are not of my choosing or a response from my reprogramming. I am the master of my mind, so now my mind is quite peaceful. Yours can be too!

Who Is Thinking My Thoughts?

Before you can become the master of your mind, you must recognize that you are currently at the mercy of several unwanted “squatters” living in your mind, and they are in control of your thoughts.

If you want to be the boss of them, you must know who they are and what their motivation is, and then you can take charge and evict them.

Here are four of the “squatters” in your head that create unhealthy and unproductive thoughts.

1. The Inner Critic

This is your constant abuser who is often a conglomeration of:

  • Other people’s words—many times your parents
  • Thoughts you have created based on your own or other peoples’ expectations
  • Comparing yourself to other people, including those in the media
  • The things you told yourself as a result of painful experiences such as betrayal and rejection. Your interpretation creates your self-doubt and self-blame, which are most likely undeserved in cases of rejection and betrayal.

The Inner Critic is motivated by pain, low self-esteem, lack of self-acceptance, and lack of self-love.

Why else would this person abuse you? And since this person is youwhy else would you abuse yourself? Why would you let anyone treat you this badly?

2. The Worrier

This person lives in the future—in the world of “what ifs.”

The Worrier is motivated by fear, which is often irrational and has no basis. Occasionally, this person is motivated by fear that what happened in the past will happen again.

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3. The Reactor or Troublemaker

This is the one that triggers anger, frustration, and pain. These triggers stem from unhealed wounds of the past. Any experience that is even closely related to a past wound will set him off.

This person can be set off by words or feelings and can even be set off by sounds and smells.

The Reactor has no real motivation and has poor impulse control. He is run by past programming that no longer serves you—if it ever did.

4. The Sleep Depriver

This can be a combination of any number of different squatters including the inner planner, the rehasher, and the ruminator, along with the inner critic and the worrier.

The Sleep Depriver’s motivation can be:

  • As a reaction to silence, which he fights against
  • Taking care of the business you neglected during the day
  • Self-doubt, low self-esteem, insecurity, and generalized anxiety
  • As listed above for the inner critic and worrier

How can you control these squatters?

How to Master Your Mind

You are the thinker and the observer of your thoughts. You can control your thoughts, but you must pay attention to them so you can identify “who” is running the show—this will determine which technique you will want to use.

Begin each day with the intention of paying attention to your thoughts and catching yourself when you are thinking undesirable thoughts.

There are two ways to control your thoughts:

  • Technique A – Interrupt and replace them
  • Technique B – Eliminate them altogether

This second option is what is known as peace of mind.

The technique of interrupting and replacing is a means of reprogramming your subconscious mind. Eventually, the replacement thoughts will become the “go-to” thoughts in applicable situations.

Use Technique A with the Inner Critic and Worrier and Technique B with the Reactor and Sleep Depriver.

1. For the Inner Critic

When you catch yourself thinking something negative about yourself (calling yourself names, disrespecting yourself, or berating yourself), interrupt it.

You can yell (in your mind), “Stop! No!” or, “Enough! I’m in control now.” Then, whatever your negative thought was about yourself, replace it with an opposite or counter thought or an affirmation that begins with “I am.”

For example, if your thought is, “I’m such a loser,” you can replace it with, “I am a Divine Creation of the Universal Spirit. I am a perfect spiritual being learning to master the human experience. I am a being of energy, light, and matter. I am magnificent, brilliant, and beautiful. I love and approve of myself just as I am.”

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You can also have a dialogue with yourself to discredit the ‘voice’ that created the thought—if you know whose voice it is:

“Just because so-and-so said I was a loser doesn’t make it true. It was his or her opinion, not a statement of fact. Or maybe they were joking and I took it seriously because I’m insecure.”

If you recognize that you have recurring self-critical thoughts, you can write out or pre-plan your counter thoughts or affirmation so you can be ready.

This is the first squatter you should evict, forcefully, if necessary:

  • They rile up the Worrier.
  • The names you call yourself become triggers when called those names by others, so he also maintains the presence of the Reactor.
  • They are often present when you try to fall asleep so he perpetuates the Sleep Depriver.
  • They are a bully and is verbally and emotionally abusive.
  • They are the destroyer of self-esteem. They convince you that you’re not worthy. They’re a liar! In the interest of your self-worth, get them out!

Eliminate your worst critic and you will also diminish the presence of the other three squatters.

Replace them with your new best friends who support, encourage, and enhance your life. This is a presence you want in your mind.

2. For the Worrier

Prolonged anxiety is mentally, emotionally, and physically unhealthy. It can have long-term health implications.

Fear initiates the fight or flight response, creates worry in the mind, and creates anxiety in the body. This may make it more difficult for you to control your thoughts effectively.

You should be able to recognize a “worry thought” immediately by how you feel. The physiological signs that the fight or flight response of fear has kicked in are:

  • Increased heart rate, blood pressure, or surge of adrenaline
  • Shallow breathing or breathlessness
  • Muscles tense

Use the above-stated method to interrupt any thought of worry and then replace it. But this time, you will replace your thoughts of worry with thoughts of gratitude for the outcome you wish for.

If you believe in a higher power, this is the time to engage with it. Here is an example:

Instead of worrying about my loved ones traveling in bad weather, I say the following (I call it a prayer):

“Thank you great spirit for watching over _______. Thank you for watching over his/her car and keeping it safe, road-worthy, and free of maintenance issues without warning. Thank you for surrounding him/her with only safe, conscientious, and alert drivers. And thank you for keeping him/her safe, conscientious, and alert.”

Smile when you think about it or say it aloud, and phrase it in the present tense. Both of these will help you feel it and possibly even start to believe it.

If you can visualize what you are praying for, the visualization will enhance the feeling so you will increase the impact in your vibrational field.

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Now, take a calming breath, slowly in through your nose, and slowly out through the mouth. Take as many as you like! Do it until you feel that you’re close to being in control of your thoughts.

Replacing fearful thoughts with gratitude will decrease reactionary behavior, taking the steam out of the Reactor.

For example: If your child gets lost in the mall, the typical parental reaction that follows the fearful thoughts when finding them is to yell at them.

“I told you never to leave my sight.” This reaction just adds to the child’s fear level from being lost in the first place.

Plus, it also teaches them that mom and/or dad will get mad when he or she makes a mistake, which may make them lie to you or not tell you things in the future.

Change those fearful thoughts when they happen:

“Thank You (your choice of Higher Power) for watching over my child and keeping him safe. Thank you for helping me find him soon.”

Then, when you see your child after this thought process, your only reaction will be gratitude, and that seems like a better alternative for all people involved.

3. For the Troublemaker, Reactor or Over-Reactor

Permanently eliminating this squatter will take a bit more attention and reflection after the fact to identify and heal the causes of the triggers. But until then, you can prevent the Reactor from getting out of control by initiating conscious breathing as soon as you recognize his presence.

The Reactor’s thoughts or feelings activate the fight or flight response just like with the Worrier. The physiological signs of his presence will be the same. With a little attention, you should be able to tell the difference between anxiety, anger, frustration, or pain.

I’m sure you’ve heard the suggestion to count to ten when you get angry—well, you can make those ten seconds much more productive if you are breathing consciously during that time.

Conscious breathing is as simple as it sounds—just be conscious of your breathing. Pay attention to the air going in and coming out.

Breathe in through your nose:

  • Feel the air entering your nostrils.
  • Feel your lungs filling and expanding.
  • Focus on your belly rising.

Breathe out through your nose:

  • Feel your lungs emptying.
  • Focus on your belly falling.
  • Feel the air exiting your nostrils.

Do this for as long as you like. Leave the situation if you want. This gives the adrenaline time to normalize. Now, you can address the situation with a calmer, more rational perspective and avoid damaging behavior, and you’ll be more in control of your thoughts.

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One of the troubles this squatter causes is that it adds to the sleep depriver’s issues. By evicting or at least controlling the Reactor, you will decrease reactionary behavior, which will decrease the need for the rehashing and ruminating that may keep you from falling asleep.

Master your mind and stop the Reactor from bringing stress to you and your relationships!

4. For the Sleep Depriver

(They’re made up of the Inner Planner, the Rehasher, and the Ruminator, along with the Inner Critic and the Worrier.)

I was plagued with a very common problem: not being able to turn off my mind at bedtime. This inability prevented me from falling asleep and thus, getting a restful and restorative night’s sleep.

Here’s how I mastered my mind and evicted the Sleep Depriver and all his cronies.

  1. I started by focusing on my breathing—paying attention to the rise and fall of my belly—but that didn’t keep the thoughts out for long. (Actually, I now start with checking my at-rest mouth position to keep me from clenching.)
  2. Then I came up with a replacement strategy that eliminated uncontrolled thinking—imagining the word in while breathing in and thinking the word out when breathing out. I would (and do) elongate the word to match the length of my breath.

When I catch myself thinking, I shift back to in, out. With this technique, I am still thinking, sort of, but the wheels are no longer spinning out of control. I am in control of my mind and thoughts, and I choose quiet.

From the first time I tried this method, I started to yawn after only a few cycles and am usually asleep within ten minutes.

For really difficult nights, I add an increase of attention by holding my eyes in a looking-up position (closed, of course). Sometimes I try to look toward my third eye but that really hurts my eyes.

If you have trouble falling asleep because you can’t shut off your mind, I strongly recommend you try this technique. I still use it every night. You can start sleeping better tonight!

You can also use this technique any time you want to:

  • Fall back to sleep if you wake up too soon
  • Shut down your thinking
  • Calm your feelings
  • Simply focus on the present moment

The Bottom Line

Your mind is a tool, and like any other tool, it can be used for constructive purposes or destructive purposes.

You can allow your mind to be occupied by unwanted, undesirable, and destructive tenants, or you can choose desirable tenants like peace, gratitude, compassion, love, and joy.

Your mind can become your best friend, your biggest supporter, and someone you can count on to be there and encourage you. You can be in control of your thoughts. The choice is yours!

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Featured photo credit: Priscilla Du Preez via unsplash.com

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