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  • Alex Jaacovi

Tax Consequences of a "In-Home" Nanny

Hiring an in-home nanny can be an excellent solution for parents who need childcare but prefer to have their children cared for in their own home. However, it's essential to understand the tax implications of hiring a nanny to avoid any potential tax issues. In this blog post, we will explore the tax issues around hiring an in-home nanny and how to comply with tax laws.

  • The "nanny tax"

The "nanny tax" refers to the taxes that employers must pay when they hire a nanny or other household employee. If you pay a nanny more than a specific threshold amount in a year, you are considered an employer, and you must comply with all relevant tax laws. As of 2021, the threshold amount is $2,300, meaning that if you pay your nanny more than $2,300 in a year, you must pay taxes.

  • Withholding and paying taxes

As an employer, you are responsible for withholding and paying several taxes on behalf of your nanny. These taxes include Social Security, Medicare, and federal and state income taxes. You must also obtain a federal Employer Identification Number (EIN) and pay state unemployment taxes.

It's essential to keep detailed records of the wages you pay to your nanny, including any bonuses or benefits. You must also file a W-2 form for your nanny at the end of the year, which includes their total earnings and any taxes withheld.

  • Tax deductions

One of the significant benefits of hiring an in-home nanny is that you may be able to claim tax deductions for the wages you pay. The IRS allows employers to claim tax deductions for the wages they pay to a nanny if they meet specific requirements.

To claim tax deductions, you must show that the nanny is an employee, not an independent contractor. You must also provide a detailed record of the wages paid and show that the nanny's services are necessary for your work. If you meet these requirements, you may be able to claim a portion of the wages paid to your nanny as a tax deduction.

  • Compliance with labor laws

As an employer, it's essential to comply with all relevant labor laws when hiring a nanny. These laws include minimum wage and overtime laws, workers' compensation insurance, and anti-discrimination laws.

In general, nannies must be paid at least the minimum wage in their state and be paid overtime for any hours worked over 40 hours per week. You must also provide a safe work environment and comply with all relevant anti-discrimination laws.

  • Professional help

Navigating the tax issues around hiring an in-home nanny can be complicated, and it's essential to seek professional help if you have any questions or concerns. A tax professional can help you understand your tax obligations and provide guidance on how to comply with tax laws.


Additionally, there are several nanny payroll services available that can help you manage your nanny's payroll, taxes, and compliance with labor laws. These services can help ensure that you are complying with all relevant tax and labor laws and provide peace of mind.

In conclusion, hiring an in-home nanny can be an excellent solution for parents who need childcare, but it's essential to understand the tax implications.


As an employer, you must comply with all relevant tax and labor laws, including the "nanny tax" and compliance with minimum wage and overtime laws. With careful planning and the help of a tax professional or nanny payroll service, you can navigate the tax issues around hiring an in-home nanny and ensure that you are in compliance with all relevant tax laws.


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