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Message
Wife working as a nanny
Posted on 12/10/22 at 7:53 am
Posted on 12/10/22 at 7:53 am
After being a stay at home mom for 12 years, my wife is going be a day-time nanny for a family. They want to 1099 her for their tax purposes and I’m fine with it. We file married jointly and our taxes need to be handled properly for my career’s sake. Is there any recommended way to handle this? Any deductions or benefits we can recognize since she will be self employed?
Posted on 12/10/22 at 8:03 am to Flowbe209
She can deduct work clothes.
Her cell phone bill for work purposes.
Certain supplies that she may buy for the job.
Miles driven in her car if she has to drive the children anywhere (but you cannot deduct the miles spent commuting to work, like her traveling to and from the job)
Any kind of business licenses she may have to acquire.
Meals spent while working.
These are just a few things I can think of for a nanny.
Your CPA or whomever may just deduct a percentage of some of these expenses (like the cell phone bill) since much of it will be used personally more so than business.
Also, you may want to try and pay some quarterly estimated taxes since she won’t have any withholding with her independent contractor status. This will help lower and spread out your tax liability come tax time.
If you want better protection, form an LLC for her services. If she’s the sole owner of the LLC, you could recognize the business on your 1040 personal tax return (In Louisiana, a husband and a wife can still be considered a sole owner together since it’s a community property state. This means both of you can be members. It may cause confusion with the IRS, but it’s legal. To avoid confusion, you could just make her the sole owner.) It looks like you live in Tennessee, so it would have to be just her as the owner in order to avoid a separate tax return.
Her cell phone bill for work purposes.
Certain supplies that she may buy for the job.
Miles driven in her car if she has to drive the children anywhere (but you cannot deduct the miles spent commuting to work, like her traveling to and from the job)
Any kind of business licenses she may have to acquire.
Meals spent while working.
These are just a few things I can think of for a nanny.
Your CPA or whomever may just deduct a percentage of some of these expenses (like the cell phone bill) since much of it will be used personally more so than business.
Also, you may want to try and pay some quarterly estimated taxes since she won’t have any withholding with her independent contractor status. This will help lower and spread out your tax liability come tax time.
quote:
We file married jointly and our taxes need to be handled properly for my career’s sake.
If you want better protection, form an LLC for her services. If she’s the sole owner of the LLC, you could recognize the business on your 1040 personal tax return (In Louisiana, a husband and a wife can still be considered a sole owner together since it’s a community property state. This means both of you can be members. It may cause confusion with the IRS, but it’s legal. To avoid confusion, you could just make her the sole owner.) It looks like you live in Tennessee, so it would have to be just her as the owner in order to avoid a separate tax return.
This post was edited on 12/10/22 at 8:18 am
Posted on 12/10/22 at 9:16 am to Flowbe209
How much do you make? It may make sense to form an LLC in your name and let her income go to that.
That way you hit the social security limit faster (if you make enough)
That way you hit the social security limit faster (if you make enough)
Posted on 12/10/22 at 9:48 am to Flowbe209
Ya'll may be fine with 1099 but will IRS? From what I've read seems like she may not fit the bill. I'd seek legal advice along with perspective employer/client if they're going to try to skirt the rules.
Posted on 12/10/22 at 9:50 am to Flowbe209
What's a round about cost for a nanny if I may ask? I guess it fluctuates depending on # of kids and what they do. Im going to need one soon.
This post was edited on 12/10/22 at 9:51 am
Posted on 12/10/22 at 9:52 am to TorchtheFlyingTiger
If she’s paid more than $2600 they will also need to pay half of her FICA. IRS has some stupid justifications for nanny being a “household employee”. It’s a disaster for all involved.
Posted on 12/10/22 at 10:21 am to Flowbe209
Nanny rules are complicated. The IRS has special rules for "household employees"
Posted on 12/10/22 at 10:25 am to GrizzlyAlloy
quote:
What's a round about cost for a nanny if I may ask? I guess it fluctuates depending on # of kids and what they do. Im going to need one soon.
$20-30 per hour is a healthy estimate
Posted on 12/10/22 at 10:27 am to TorchtheFlyingTiger
Quick Google search turned up IRS form SS8 Determination of Worker Status. IRS.gov
But I also read a response from IRS may take months. I'm curious what 1099 gains client. Presumably you're expecting more pay to make up for paying your own FICA taxes instead of employer doing so. Wonder if you'd have legal issues w IRS if claiming buisiness expenses if they later determine it should have been W2 employment. I'd also consult lawyer about civil liability if there's an accident as an employee vs contractor.
But I also read a response from IRS may take months. I'm curious what 1099 gains client. Presumably you're expecting more pay to make up for paying your own FICA taxes instead of employer doing so. Wonder if you'd have legal issues w IRS if claiming buisiness expenses if they later determine it should have been W2 employment. I'd also consult lawyer about civil liability if there's an accident as an employee vs contractor.
Posted on 12/10/22 at 10:34 am to Flowbe209
quote:
hey want to 1099 her for their tax purposes and I’m fine with it.
Just because she calls herself a contractor (as opposed to an employee) doesn't mean she is actually a contractor under IRS rules. In determining whether the person providing service is an employee or an independent contractor, all information that provides evidence of the degree of control and independence must be considered.
LINK
Posted on 12/10/22 at 11:18 am to plaric
quote:
How much do you make?
My W2 income falls in the OT Poor tax bracket of 24% 190,750 - 364,200.
Posted on 12/10/22 at 11:22 am to TigerDeBaiter
quote:
IRS has some stupid justifications for nanny being a “household employee”. It’s a disaster for all involved.
I'm starting to realize that the more research I put into this. She will have the flexibility to decide on a daily basis if child care occurs at the child's home or our home or split between both. I'm not sure if that alone will make her an independent contractor or still fall under a household employee. It is a shame that this much bureaucracy is in place for 2 families that are trying to do the right thing tax wise. I'm starting to see why so much of this type of work occurs under the table.
Posted on 12/10/22 at 11:24 am to hiltacular
quote:
$20-30 per hour is a healthy estimate
This is pretty much in the ballpark for the situation in question. 1 child, one year old (not a newborn) in Atlanta suburbs.
Posted on 12/10/22 at 11:50 am to Flowbe209
quote:
is a shame that this much bureaucracy is in place for 2 families that are trying to do the right thing tax wise.
How so? Seems to me if they simply pay the employer tax as indicated instead of your wife paying both portions herself it's just as simple. They get a tax write credit for childcare after all. Sounds like you're all trying to over complicate it so they dont pay employer tax and she possibly trys to claim buisiness writeoffs.
This post was edited on 12/10/22 at 4:31 pm
Posted on 12/10/22 at 6:12 pm to Flowbe209
It may be hard for them to “1099”.
Does she have other customers?
Does she control work hours or space?
Independent contractors have to answer some questions.
If you work for one person, you are most likely an employee.
If you have to work exact times, you’re most likely an employee.
Be careful. Actually, they are the ones at risk.
Does she have other customers?
Does she control work hours or space?
Independent contractors have to answer some questions.
If you work for one person, you are most likely an employee.
If you have to work exact times, you’re most likely an employee.
Be careful. Actually, they are the ones at risk.
Posted on 12/10/22 at 8:25 pm to makersmark1
Congrats on getting your wife back to work. Mine has been on vaca for almost 13 years now as well. We’re not hurting, but damn it would be nice to have a little extra every month if nothing else just to chunk back.
Posted on 12/10/22 at 8:37 pm to Flowbe209
quote:
Wife working as a nanny
This might be the money board, but we still have rules.
Posted on 12/11/22 at 9:40 pm to Flowbe209
Suggest LLC approach to try and mitigate liability. Something bad happens to kids under her watch and it will wipe you out.
Posted on 12/12/22 at 8:19 am to Flowbe209
"Be careful. Actually, they are the ones at risk."
I have a family member in a situation in which I feel that they should be an employee, but they are a 1099 contractor. I think the employer is on the hook. From the IRS:
"If you classify an employee as an independent contractor and you have no reasonable basis for doing so, then you may be held liable for employment taxes for that worker"
I have a family member in a situation in which I feel that they should be an employee, but they are a 1099 contractor. I think the employer is on the hook. From the IRS:
"If you classify an employee as an independent contractor and you have no reasonable basis for doing so, then you may be held liable for employment taxes for that worker"
Posted on 12/12/22 at 8:57 am to Deuces
quote:
She can deduct work clothes.
A nanny can deduct work clothes as a work expense, but lawyers, CPSa and plant workers cannot? I thought essentially only airline workers could deduct work clothes and that was only because of their strong lobby. Basically, I thought if nanny clothes could double for everyday wear they are not deductible. You have taught me something today. I think I may take up nanny work as a side hustle just for this deduction.
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