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wm030303, Enrolled Agent
Category: Tax
Satisfied Customers: 112
Experience:  I am both a CPA and EA with over 30 years of experience in solving tax related issues.
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hi we want to hire a nanny, and she wants us to pay her with

Customer Question

hi we want to hire a nanny, and she wants us to pay her with check so she pay her taxes as independent contractor. my question my question is do we have to pay her taxes as well?
Submitted: 4 years ago.
Category: Tax
Expert:  Richard replied 4 years ago.

Good afternoon. She is not both. If you pay her as an independent contractor, you have no responsibility for her taxes. You would only be responsible for her taxes if she were to be treated as an employee.



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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 4 years ago.
how do I find if she is not being truthful about independent contractor?
Expert:  Richard replied 4 years ago.
It is a question of doesn't matter whether or not she is being truthful. If you treat her that way, it's up to the IRS to challenge it. The IRS uses the a 20-factor test basically. The 20 factors used to evaluate right to control and the validity of independent contractor classifications include:
  • Level of instruction. If the company directs when, where, and how work is done, this control indicates a possible employment relationship.
  • Amount of training. Requesting workers to undergo company-provided training suggests an employment relationship since the company is directing the methods by which work is accomplished.
  • Degree of business integration. Workers whose services are integrated into business operations or significantly affect business success are likely to be considered employees.
  • Extent of personal services. Companies that insist on a particular person performing the work assert a degree of control that suggests an employment relationship. In contrast, independent contractors typically are free to assign work to anyone.
  • Control of assistants. If a company hires, supervises, and pays a worker's assistants, this control indicates a possible employment relationship. If the worker retains control over hiring, supervising, and paying helpers, this arrangement suggests an independent contractor relationship.
  • Continuity of relationship. A continuous relationship between a company and a worker indicates a possible employment relationship. However, an independent contractor arrangement can involve an ongoing relationship for multiple, sequential projects.
  • Flexibility of schedule. People whose hours or days of work are dictated by a company are apt to qualify as its employees.
  • Demands for full-time work. Full-time work gives a company control over most of a person's time, which supports a finding of an employment relationship.
  • Need for on-site services. Requiring someone to work on company premises-particularly if the work can be performed elsewhere-indicates a possible employment relationship.
  • Sequence of work. If a company requires work to be performed in specific order or sequence, this control suggests an employment relationship.
  • Requirements for reports. If a worker regularly must provide written or oral reports on the status of a project, this arrangement indicates a possible employment relationship.
  • Method of payment. Hourly, weekly, or monthly pay schedules are characteristic of employment relationships, unless the payments simply are a convenient way of distributing a lump-sum fee. Payment on commission or project completion is more characteristic of independent contractor relationships.
  • Payment of business or travel expenses. Independent contractors typically bear the cost of travel or business expenses, and most contractors set their fees high enough to cover these costs. Direct reimbursement of travel and other business costs by a company suggests an employment relationship.
  • Provision of tools and materials. Workers who perform most of their work using company-provided equipment, tools, and materials are more likely to be considered employees. Work largely done using independently obtained supplies or tools supports an independent contractor finding.
  • Investment in facilities. Independent contractors typically invest in and maintain their own work facilities. In contrast, most employees rely on their employer to provide work facilities.
  • Realization of profit or loss. Workers who receive predetermined earnings and have little chance to realize significant profit or loss through their work generally are employees
  • Work for multiple companies. People who simultaneously provide services for several unrelated companies are likely to qualify as independent contractors
Customer: replied 4 years ago.
in what circumstances we will be considered as employer, is there any work time bracket? if we hire nanny for 20 hours a week, would she be considered as employee, or still independent contractor?
Expert:  wm030303 replied 4 years ago.
She will be considered an employee if she comes to your home and performs her services as a nanny. If you were to bring your child(ren) to her home or place of business then she would be an independent contractor.
Expert:  wm030303 replied 4 years ago.
I'm trying to answer this question in it's simplest terms and would like to know if this is the answer you were looking for. If you need more information let me know, otherwise kindly accept.

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