Babysitter/Nanny Tax Info for Georgia Residents
We employ an in-house sitter for our child 20 hours/week. This
page represents a summary of my attempts to figure out the legal
necessities with regard to tax witholdings for household employers.
In hindsight, I'm a glutton for punishment -- it's definitely easier
to hire an accountant. But it should not be so difficult to hire
and pay a household employer! Ironically, the feds probably make
it the easiest (see comments at the end) -- it is the state that is
the hardest to figure out.
DISCLAIMER: I am neither an accountant nor an
attorney. None of this should be construed as legal advice -- you should
due your own diligence and verify this info on your own.
Do I need to withhold federal and state taxes for my employee?
Read
IRS Publication 926, the Household Employer's Tax Guide.
It summarizes quite well what you must and what you may
withold from your employee's paycheck (federal, social security/medicare,
federal unemployment). Most of these you will pay with your 1040 via Schedule H
(see below).
The
State of Georgia Employer's Tax Guide states (page 7):
"Witholding is not required on wages paid to housekeepers, nannies, ..."
For most readers of this page, the following situation will likely apply:
- Federal income tax witholding is up to you and your employee.
- State income tax witholding is up to you and your employee.
- If your employee is over 18 and paid more than $1300 (in 2001), then
you'll need to withold and pay Social Security and Medicare taxes. You
also need to pay state Dept. of Labor Unemployment Taxes (see next question).
Of course, your mileage may vary ...
What about state unemployment taxes?
I only discovered this when I started to work on my federal tax return.
You also may need to pay state unemployment taxes. Of course, this has
nothing to do with income taxes, and you need to go to a totally different
state agency (Department of Labor) to find this out. As far as I can tell,
even the aforementioned Employer's Tax Guide doesn't tell you this
(they should rename it the Employer's "Income" Tax Guide).
Off to the
Department of Labor's Unemployment
Insurance WWW site.
According to their FAQ,
"domestic employers with a payroll of at least $1,000 in any calendar
quarter" need to pay it. By the way -- expect this to be 2.7% of gross pay, and this is an
employer contribution (i.e. not deducted from your employee's pay).
Anything else?
Yup. You need to report new hires not only to the Department of Labor
and the taxing authorities, but also to the Georgia New Hire Reporting
Center. Why? According to their FAQ: 1) It's the law and 2)
"Prompt reporting of new hires improves child support collections and
reduces public assistance costs." Hmmm -- why can't they just get
this same info from one of the other agencies I gave this info to?
So what do I have to do?
I'm going to assume that you are going to withold federal income, social
security, and state income taxes. You will also have to pay state unemployment
taxes for your domestic employee (but you cannot deduct this from your employee's
pay in Georgia)..
As far as software goes,
I highly recommend
Nanny Pay -- it is well worth the
money for the time it saves. But you still have to fill out the forms yourself.
It's not too hard once you've done it once or twice ...
SUMMARY of what I have to do to pay a nanny or sitter. The bottom of this
page has links to web sites with all the relevant forms.
- Initially
- Obtain a federal employee ID #
- Obtain a State of Georgia Dept of Revenue employee ID # for tax witholdings
(State Tax Registration Application Form CRF-002)
- Obtain a State of Georgia Dept of Labor employee ID # (Form DOL-1A)
- When hiring someone
- Have them fill out IRS Form W-4, DOJ form I-9, and GA Form W-4
- Report the new hire to the Dept of Labor on next quarterly report
- Report the new hire to www.ga-newhire.com -- The Georgia New Hire Reporting Center.
- Every paycheck
- Deduct federal taxes
- Deduct state taxes
- Provide a statement to employee
- Quarterly
- Submit witholdings to State Dept. of Revenue
- Pay 2.7% unemployment tax to Dept. of Labor
- Annually
- Submit federal tax, unmeployment tax (not witheld, but due) and Social Security/Medicare
(witholding plus employee's contribution) to the federal government via Schedule H of the 1040.
- Submit Social Security / Medicare witholding report to the Social Security Administration
- Purchase blank W-2 (you need to buy forms with special red lines) to do the above
. Why can't the IRS or SSA provide a color PDF file like they already do with tax forms?
Too much work? I have a few observations on the whole process.
- Surprisingly, the federal government is the easiest to deal with. Allowing us to submit everything via Schedule H is convenient, and obtaining an employee ID # is painless.
- Why doesn't the State Dept. of Revenue inform applicants that they probably need to obtain a Dept. of Labor number for paying the unemployment tax as well? Obviously most applicants will have to do both.
- The state is hard to deal with. They are much slower in their mailings than the federal goverment. Both the Dept. of Revenue and Labor had spelling errors on my name or address, and this took over a year to fix despite submitting multiple correction forms.
- After you submit the necessary paperwork, all the needed forms for quarterly reporting
to the state will be sent to you.
Your other options:
- Hire a local accountant to do all the work.
- Hire an online company who specializes in "Nanny Taxes" to do all the
work. There are several, and you'll pay several hundred dollars per year for them to take care of all the paperwork.
Useful Links
Another good source for much of this info (thanks for the email pointers):
http://www.householdemploymenttaxes.com/
Comments? Criticisms? Please send me email. Many thanks to those (CPAs and
household employers) who have sent me feedback.
Last Updated: 18-August-2002
Rob Butera
rob@butera.org