So I have never had a nanny job that claims me on taxes, and have always been paid under the table. This nanny family said they want me to sign a paper that including my SSN, and they wanted to claim childcare for tax purposes. Before I say yes, I need a few pieces of advice. This is what she said to me... Yes, just a few basic questions.
“Okay, so first, my husband is most definitely wanting to claim her care for taxes, so are you comfortable signing one of those forms? It does require your social security number. You don t have to necessarily report it, that s your personal decision, we would just need that for us.”
If I don’t file taxes will I be in trouble, I will be filing in 2020 because I did work half the year at a call center made 14.758 YTD Jan-Yesterday July 31st. Will I be in big legal trouble if I don’t file my nanny job on my 2020 taxes. Will the family get in trouble? I am also pregnant so want To claim my baby. My baby is due Feb 3rd, 2020. Can I claim my baby?
Thank you for your answers, I appreciate it.
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Answers & Comments
Okay, I won't judge. In fact I'll say good for you getting out there and earning money even while you're pregnant. However, I will shoot straight with you.
Federal tax law requires you to report ALL of your income. It doesn't matter how you are paid or what tax forms your employer gives you. Its YOUR job to get all of your income onto your tax return. If your employer doesn't give you a tax form you have to report it anyway. If they give you the wrong tax form (and refuse to correct their mistake) then there's a process to report the income and the mistake.
I would not worry about the previous "under the table" jobs. Technically you were required to report those jobs and pay self employment tax, but if it was relatively small amounts its unlikely the IRS will notice or care.
However, from 2019 forward you need to plan on reporting ALL of your income on your annual tax return.
The only question is whether your current employer is going to treat you as a self employed independent contractor, or as a household employee.
If you are caring for their child in their home, then you are a household employee. They should ask you for a W4 form, they should withhold tax from your paychecks to cover your share of social security and medicare taxes (6.2% and 1.45% respectively), and should withhold federal income tax and state income tax (if applicable) based on how many allowances you claim on your W4 form. They ALSO need to match the social security and medicare taxes to cover the employer share.
It sounds like this family intends to illegally miss-classify you as a self employed independent contractor. So they will pay you the full amount of your agreed wage with no deductions and they won't match any taxes. They may or may not ask you for a W9 form and give you a 1099-misc at the end of the year.
If they do this, and you don't dispute it, then you will be stuck paying 15.3% self employment tax which covers both your share AND their share of the social security & medicare taxes owed on your wages. It also means you will probably have a big tax bill owed at the end of the year if you don't file and pay quarterly estimates to the IRS.
Also note, if the family files for the childcare tax credit they will have to submit a form with the amount they paid you and your SS#. That will trigger the IRS to cross-check your tax return and look for corresponding income on your return. This process is completely computerized/automated so it WILL catch you 100% of the time if you fail to report the income. There is no "slipping through the cracks" here. But that's irrelevant since I trust you are a law abiding citizen who will report the income as required.
So, bottom line, here's how I would suggest you handle it:
Go to them and tell them you have no objection to doing EVERYTHING above the board and legal. You download a W4 form from the IRS website, fill it out, and give it to them with your SS# and withholding allowances. Make it clear that you expect them to treat you as a household employee which means deducting your share of applicable taxes from your pay, matching the appropriate taxes, sending the money to the IRS and providing you (and the IRS) with a W2 at the end of the year with all the totals. Oh, and you need to be paid on a pre determined schedule and receive a pay stub with each paycheck showing your gross pay, all deductions, and net pay, with current pay period and year-to-date totals for each category. If they are not prepared to do all of this personally then they can hire a professional bookkeeper or accountant at their expense to fulfill their legal requirements.
Do NOT, under any circumstances believe them when they say they don't care if you report the income. Of course THEY don't care, because they aren't responsible for your taxes (other than providing you with the required W2 form). They won't be the ones getting the CP2000 letter next summer with the bill for the unpaid taxes, penalties, and interest charges while you're struggling to pay for diapers for your little one. I have a rule that I live by that I don't take advice from unqualified people. I don't take fitness advice from fat people, I don't take parenting advice from people with no kids, and I don't take tax advice from people with no qualifications on the topic - and clearly these people have no idea what the hell they're doing with regard to taxes if they told you that you don't have to report your income.
Oh, and no, you can't claim your baby on 2019 taxes (unless he/she arrives premature on or before 12/31/2019, and I hope for both your sake's that doesn't happen.
Congratulations and good luck.
You do absolutely have to report it, as you always did. You MUST file ALL of your income. The family will not get in trouble at all.
You can only claim your child if it is born in 2019.
You have to claim it or you will be in trouble for tax fraud. In order for your employer to claim the credit, they must send you a 1099 telling you how much they paid you. They also must send the IRS a copy of the same. The IRS gets it & if you don't file it's they know (since they have the 1099). So yes you will have to file. You will have to pay your own taxes, your social security taxes, your medicare taxes. Save at least 20% of each pay check to cover that. And NO you can't claim the baby unless it is born in 2019 (by 12/31/19). You will be able to claim baby when you file in 2021 for the year 2020.
The family will be required to issue you a W2 and withhold taxes from your pay. They also will have to file Schedule H on their return to remit those taxes (and their share) to the IRS. If they claim the the credit, the IRS will check to make sure you reported the income as your name and SSN have to be entered on that form. You cannot claim your child until it is born, meaning no you can't claim it on your 2019 return.
You absolutely would have to claim it. For them to claim childcare they have to give the IRS your info. If you don't claim it and pay the tax, the IRS will send you a letter with a bill for the tax plus interest and penalties. And unless your baby is born in 2019, no you can't claim it when you file for this year, in 2020
The employer is playing by the book while you are not. As a nanny you are a household employee whose wages are taxable like other employee's wages. If your employer wants to claim child care credit they have to identify who they paid for child care.
Ok today is the first day of the rest of your life. So here we go. The jobs are irrelevant. Its a job, you will pay your taxes as expected from here on out. Forget about the past, it did not happen as far as anyone knows. And you never mention it again.
First your employer does not "claim you" on their taxes. They will claim you as an employee just like any business, and that is ok. What does that mean? When they pay you they will deduct your portion of the taxes(6.2% for SS) plus fed and state taxes. In addition, since you are their employee they will pay an additional business tax of 6.2% for your Social security. Your call center job did the same thing. They paid an additional 6.2% for your SS tax, as well as unemployment and other business taxes. So that is all fine. Now for this family, you will give them your social security number as well as your legal name, and they will take care of everything else just like the call center did. Your an employee, and not a contractor(don't forget, its just a job and its the same as working for Mcdonalds)..
At the end of the year, it will beTax time. For 2019, you will get a printed tax(W2) form from the call center and you will get another from this family. Those forms will tell you how much your earned and how you paid in taxes to the federal and state govt. When you fill out your Federal and State taxes, you and your husband will file a joint tax return. You will fill in the money that you earned from both jobs(call center and Nanny) and your husband will fill in the amount that he earned from his job. Those forms will tell you how much money was with held from your pay each week for state and federal taxes. In addition you will add in any interest or dividends earned from savings accounts etc... On the exemptions side, you will both clam the two of you for personal exemptions($7200 each) plus the household exemption(land and school tax ect) depending on your income. When all of the additions and subtractions are done, you and your husband should probably get a tax refund. To help you do this, download the easy forms from Turbo tax, tax act, or H&R block tax software. Then do your taxes.
Since the baby will arrive in 2020, you can not claim the baby until the baby is born and has a social security number. If you have income from a job next year, you will do the same thing at the end of next year. You may also get child tax credits etc... That is why you need to fill out your taxes this year. That way you will be prepared to find deductions easier because you will have gone through this practice year of doing your taxes. Things that will be important is the cost of having a baby. You can claim the cost on your taxes as long as it is more than 10% of your income. So that is another deduction that you should take. Also since your income will go down, you may also qualify for a lower health care insurance cost for 2020. Check out the affordable health care products(Obama care). Given that your joint income will go down and if your husband does not have normal health care, you should sign up under the ACA.. That way you and your baby will be covered by health care for this expensive event. good luck.
You do have to necessarily report it, that's the government's decision, not yours. You make enough to be required to file and don't file, then you will be in trouble. If you file anything, then you must file everything for that year. You are not allowed to file the call center job without filing the nanny job if they both pay you in the same year. If you file anything and don't file everything, then you will be trouble.
Yes you can get in trouble. You need to speak ASAP to a tax adviser.
You will have to file and pay taxes on your income from that job. Notwithstanding your history of tax fraud.
You can file late for prior years. There will be penalties & interest.