Generally, in life, it pays to do things right the first time. Your nanny payroll taxes are no exception to the rule: while it may be tempting to evade these pesky taxes, in the long run, you will be thankful that you managed your household employment taxes well. It will cost much more of your money, time, and patience to deal with the consequences of tax fraud than to file your payroll taxes correctly the first time around!

On April 1, 2015, Massachusetts will become the fourth state (after NY, CA and HI) to enact a Domestic Worker Bill of Rights (DWBR) that expands employment protections to domestic workers.  All Massachusetts families who employ a nanny, senior caregiver, housekeeper or other “domestic service worker” will have new legal obligations. While many  of the DWBR provisions simply reiterate that household employees are covered by existing state and federal law, the DWBR creates a number of new rights for household employees —and obligations for household employers. The DWBR specifies household employer —such recordkeeping and notice requirements, as well as limitations on when and how a live-in domestic worker may be terminated. The DWBR applies to all full time and part time household employees.

Who is Covered by the Massachusetts DWBR?

The DWBR applies to all families who employ a live in or live out, full time or part time domestic service worker. Domestic service workers includes nannies, senior caregivers, housekeepers, maids and other domestic workers who work in a private home and provide caregiving, housekeeping, household management, maid, and meal preparation services. .  The law does not apply to any licensed or registered staffing, employment or placement agencies.  "Domestic workers" are individuals who are paid to perform work of a domestic nature within a household, such as housekeeping, house cleaning, home management, nanny services, laundering, cooking, home companion services, and caretaking of individuals. 

Every American dreads this date.  APRIL 15th!  We see images of adding machine tape, lines at the post office, and piles of tax receipts. January is the month household employers deliver W-2 forms to their nanny, housekeeper and other household employees. After a month of frantic phone calls from employers and caregivers alike pleading for tax help, I can offer the following reflections:

Part Time Nannies, Summer Nannies

MYTH “My nanny only works during the summer months when our kids are out of school. I don’t need to worry about nanny taxes since she is only a temporary employee.” 

There’s all kinds of advice floating around out there about how to handle a nanny’s wages. Here, we’ve included only the facts on nannies and overtime:

It's been called the Silver Tsunami - America's 65+ demographic, which currently accounts for 13 percent of the overall population, is expected account for more than 20 percent by 2050  according to the U.S. Census Bureau. Three quarters of that population strong prefers and expects to age in place, remaining in their homes and communities as long as possible. Many families turn to senior home caregivers to help their loved ones remain independent in a safe environment, especially when non-medical support is called for.

Once the caregiver is hired, questions remain about how to handle the senior caregiver's payroll. Families turn to senior home care referral agencies, accountants and geriatric care managers for guidance. HWS has heard some remarkably bad advice on senior caregiver payroll, advice that when followed often comes back to haunt the senior or their family members.

1. A typographical error. 

When a nanny who has earned her wages under the table is fired and files an unemployment claim, nanny taxes can become a big deal for the former employers (your family!). Read on about how—and why—paying your household employees on the books is the best choice for you and your family.

Your toddler is a bundle of energy. Play is your toddler’s work. There are times, however, when just sitting down and having snuggle time is important, especially when winter weather limits activities or a cold or a flu has your child (or you) feeling down.

HWS' Client Care Manager, Mary Crowe, shares the story of a client who paid the nanny cash under the table, and later found himself on the wrong side of his state's unemployment agency.

Mike and Joyce R. hired a nanny when their twins were infants. They agreed with the nanny at the time that they were going to pay her $500 a week off the books. The nanny worked out wonderfully and she stayed with Mike and Joyce for almost three years, and was let go when the twins started a full-time pre-school/daycare situation. The family’s needs had changed, and they found another very part-time nanny to cover the afterschool hours.