Household employees include housekeepers, maids, babysitters, gardeners,
and others who work in or around your private residence as your employees.
Repairmen, plumbers, contractors, and other business people who work for
you as independent contractors are not your employees. Household workers
are your employees if you can control not only the work they do, but how
they do it.
If you pay a household employee cash wages of $1,100 or more in a
calendar year, you generally must withhold Social Security and Medicare
taxes from all cash wages you pay to that employee. Unless you prefer to
pay your employee's share of Social Security and Medicare taxes from your
own funds, you should withhold 7.65% (6.2% for Social Security tax and
1.45% for Medicare tax) from each payment of cash wages. Instead of paying
this amount to your employee, you will pay it to the IRS with a matching
amount for your share of the taxes. However, do not withhold or pay these
taxes from wages you pay to:
- your spouse,
- your child who is under age 21,
- your parent, unless an exception is met; or
- an employee who is under age 18 at any time during the year unless
performing household work is the employee's principal occupation. If the
employee is a student, performing household work is not considered to be
his or her principal occupation.
You are not required to withhold federal income tax from wages you
pay a household employee. However, if your employee asks you to withhold
federal income tax and you agree, you will need Form
W-4, Employee's Withholding Allowance Certificate, and Publication
15, which has tax withholding tables.
If you withhold or pay Social Security, and Medicare taxes or withhold
federal income tax, you will need to file Form
W-2 after the end of the year. To complete Form W-2 you will need both
an employer identification number (EIN) for yourself and your employee's
Social Security number. If you do not already have an EIN, order the application
Form SS-4 by calling 1-800-829-3676, or download
here. If you will file more that one Form W-2, you will also need a
Form W-3. Select Topics
752 and 755 for more information.
If you pay cash wages to household employees totaling $1,000 or more
in any calendar quarter of 1997 or $1,000 in any calendar quarter of 1998,
you generally must pay federal unemployment tax on the first $7,000 of
cash wages you pay to each of your household employees this year.
If you must file Form W-2 or pay federal unemployment tax, you will
also need to file a Schedule H, Household Employment Taxes after
the end of the year with your individual income tax return ( Form
1040 or 1040A). However,
a sole proprietor who must file Form
940 and Form 941 or Form
943 for business employees may include household employee tax information
on these forms.
You can avoid owing tax with your return if you pay enough federal
income tax before you file, to cover both the employment taxes for your
household employee and your income tax. If you are employed, you can ask
your employer to withhold more federal income tax from your wages during
the year. You can also make estimated tax payments to the IRS during the
year, or increase the payments you already make.
Beginning in 1998, the estimated tax penalty may apply to household
employers who:
- Do not prepay household employment taxes, and
- Either:
- Will have federal income tax withheld from pay, pensions, annuities,
etc., or
- Would be required to make estimated tax payments (to avoid the penalty)
even if no household employment taxes were owed.
For more information, see Publication
926, Household Employer's Guide.
Publications can be downloaded
from this site, or ordered by calling 1-800-829-3676.
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