With this latest presidential transition, there’s another Nannygate controversy. You may remember the 1993 case of Zoë Baird—the person nominated to be the first female U.S. attorney general—only to be stopped short, when it was made public that she didn’t pay the required “nanny taxes” for her household employee.
Kiplinger’s recent article, “Paying Taxes for a Hired Caregiver,” says that now we have Congressman Mick Mulvaney, who was President Donald Trump’s choice to run the Office of Management and Budget (OMB). Congressman Mulvaney admitted that he failed to pay five years’ worth of taxes for the woman he and his wife hired in 2000 to help take care of their triplets.
There was also Andrew Puzder. Once he was nominated as Labor Secretary, he disclosed that he hadn’t paid the required taxes due for a household employee who was illegally in the U.S. Both men stated in their confirmation hearings that they’d paid the back taxes they owed the government.
Remember that the nanny tax isn’t just for Mary Poppins, a whimsical movie role played by Julie Andrews who had charge of a banker’s kids. The so-called nanny tax covers any household employee, like a housekeeper, landscaper, or—of particular interest to us here—the caregiver for your spouse or elderly parent. If the caregiver is provided through an agency or is self-employed, you don’t have to be concerned. However, if you hired the individual yourself and control the type of work that is done, you’re most likely considered to be an employer in the eyes of the IRS.
If you hired the caregiver and control his or her work and if you paid more than $2,000 last year, the nanny tax will apply. When you file your tax return, you are required to include a Schedule H and pay the 15.3% Social Security and Medicare tax on the wages you paid. The tax is supposed to be split evenly between you and your employee, but whether you withheld the tax from your employee’s wages during the year or not, you’re responsible to pay the full amount when you file your return.
In addition, if you paid more than $1,000 to employees in any calendar quarter of 2016 or 2015, you also owe the federal unemployment tax. You may also owe a state unemployment tax.
If you haven’t done so, you should give your employee a W-2 showing wages paid and any withholding (due at the end of January) and send a copy to the Social Security Administration.
Reference: Kiplinger’s (March 2017) “Paying Taxes for a Hired Caregiver”