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:

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.

Too much work? I have a few observations on the whole process. Your other options:
  1. Hire a local accountant to do all the work.
  2. 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