How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
Type Your Employment Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

I am considering hiring a full-time babysitter. Can I hire

This answer was rated:

I am considering hiring a full-time babysitter. Can I hire her as a contractor to avoid me paying taxes, unemployment ins, etc. My plans are to draw-up an understanding that she directs her own activities; such as, when she feeds my daughter, etc. The only thing that I will ask her to do is to be at my house at 7:30 am to 4:30 p.m., M-F.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Yes, you may hire a babysitter as an independent contractor and submitt to her a 109 so that she can file and pay her taxes.

However, it cannot be an Ongoing contract. In other words, if you are going to pay her weekly - at the start of the next week you need a new contract. Or if you are paying her bi weekly then it has to be renewed bi weekly

Otherwise the IRS may see the sitter as an employee.

Customer: replied 3 years ago.

Can I contract with her on a monthly or Quarterly basis and pay her in that respect? Also, you wrote 109. Is that a publication?


If that is how she is going to be paid and agrees to be paid at those intervals, yes.

I apologize - I meant give her a 1099 for her tax filings.
Samuel II and 6 other Employment Law Specialists are ready to help you