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Nanny Holiday or Year End Bonus

Posted by Kathy Webb on 11/19/12 6:33 PM
Q. Does my nanny expect a bonus? If so, how big should the bonus be?

A. Holiday or year end bonuses are OPTIONAL - and are reportedly paid by about half of our clients. So, where as your nanny might appreciate a bonus, unless it has been your practice to give one in the past she is not likely to EXPECT it. Bonus amounts are typically one, sometimes two weeks pay. For newer nannies, most families fall back on the one day for every month of employment, up to a week. So the nanny who started in October might get 3 days pay as her bonus.

Many families have employment contracts that obligate a bonus at the employment anniversary date - a retention bonus. When these arrangements are in place, there is often either no holiday bonus or a very modest one.

Q. My husband and I have not had raises in two years, and we went ahead and gave our nanny a salary increase on her employment anniversary date. We would like to give a bonus, but it cannot be as generous as last year. Is this a problem?

A. Your nanny hears the news and knows that economic conditions are not fabulous too. Most employees, not simply nannies, have adjusted their expectations downward, and most are happy to get any bonus. I recommend that you acknowledge this to your nanny. Something to the effect "Times are rough, and I wish this bonus could be as generous as last year's." Make sure you use the words to express your gratitude for the services your nanny provides; most professional nannies would agree that a financial bonus is nice, but the words sincerely offered are always remembered.

Q. Are nanny holiday bonuses and gifts taxable?

A. Yes. In the eyes of the IRS, there is no such thing as a GIFT between and employer and an employee. Anything of value given by an employer to an employee is considered compensation, subject to wage reporting and employment and income taxes

The only way to skirt the issues of reporting the gift or bonus on the nanny's W-2 is to give her something with a 'de minimis' value - something so small that it is administratively impractical to perform a valuation and include it in compensation. This absolutely rules out CASH and dollar-value gift cards, but might allow other small expressions of gratitude such as a framed photo of the nanny with her charges.

The IRS does not define 'de minimis' by any specific value. A business gift is considered 'de minimis' if the value is less than $25. Many employers use the same measurement - hence the holiday ham or turkey. Gift cards with a dollar value or 'cash equivalent', however, even under $25, would be considered compensation.

Any cash you give to an employee at any time - whether it's a salary, bonus, or holiday gift - must be added to the employee's W-2 income. As a cash equivalent, a $50 gift certificate or gift card is $50 of taxable income.
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Topics: nanny bonus

Paid Holidays for Nannies and Other Household Workers?

Posted by Kathy Webb on 11/15/12 1:00 PM

Household employers are not legally obligated to pay for ANY holidays or time off. It is true, however, that some baseline provision of paid holidays is a general expectation of household employees. Many nannies, especially those working without a written work agreement in place, worry about their income during the busy holiday season. Will they receive pay on holidays? Will they be paid for those regular days when they are not needed due to holiday travel or entertainment?

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Topics: nanny paid time off, nanny benefits

San Francisco Nannies Earn Sick Time

Posted by Kathy Webb on 11/13/12 8:18 PM

Household employers in San Francisco California have local, city employment ordinances they must comply with, in addition the California Wage Order 15, California EDD taxation, and Federal tax and labor law.

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Topics: california household employment

Nanny Payroll Update – San Jose (California) Minimum Wage Increase

Posted by Vanessa Vidal on 11/13/12 5:03 PM

San Jose’s Measure D, which will increase the current city’s minimum wage from $8 to $10 per hour effective March 2013, passed with overwhelming voter support. 

San Jose is now one of the two cities in California whose minimum wage has gone up independently of the state's.  San Francisco has enforced its own minimum wage for many years.  There are only a handful of other cities nationwide that set their own minimum wages: Washington, D.C., Santa Fe and Albuquerque, N.M.

Household employers in San Jose whose pay their employees minimum wage need to adjust their salary to reflect this new rate in March 2013.

Stay tuned for more updates from The Nanny Tax Experts.

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Topics: nanny income tax, nanny payroll tax, calculate nanny payroll tax, household payroll tax, california household employment

NANNY TAX UPDATES - HURRICANE SANDY

Posted by Vanessa Vidal on 11/7/12 5:44 PM

IRS and states recently affected by Hurricane Sandy will extend tax deadlines and waive some penalties to tax payers affected by this natural disaster.

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Topics: nanny income tax, nanny payroll tax, nanny tax, household payroll tax, nanny tax compliance

Confidentiality Agreement and Household Employment

Posted by HomeWork Solutions on 11/6/12 6:16 PM

Many people hear the words "nanny confidentiality agreement" and think this is something Brad and Angelina need - not their family!

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Topics: nanny employment practices, nanny work agreement, nanny contract

Virginia Extends Quarterly Nanny Tax Filing Deadline

Posted by Vanessa Vidal on 11/1/12 5:30 PM

Tax Commissioner Craig M. Burns has announced that Virginia will provide a penalty waiver to those individuals and businesses affected by Hurricane Sandy. This penalty waiver applies to any late returns filed or payments made by affected taxpayers between October 29, 2012 and November 9, 2012. To notify the Department of Taxation that you were affected by Hurricane Sandy, you must write “Hurricane Sandy” at the top of your return. The Department of Taxation will then abate any late-filing or late-payment penalties that would otherwise apply.

To qualify for this penalty waiver, taxpayers must be unable to meet their filing obligations because the financial books and records they need to file their taxes are unavailable because of hurricane damage or power outage.

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Topics: nanny payroll tax, household payroll tax

New York Extends Quarterly Nanny Tax Deadline

Posted by Kathy Webb on 11/1/12 9:49 AM

Household employers in New York directly affected by Hurricane Sandy have until November 14, 2012 to file and pay Quarter 3 2012 employment taxes via NYS-45. "Directly affected" is defined in the notice linked below.

There is no extension for NYS-1 withholding tax payment deadlines.

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Nanny Taxes - Women, Work and Money series...

Posted by Kathy Webb on 10/31/12 9:14 AM

Sharing with you an article prepared by a CPA as part of an October series titled "Women, Work and Money." The series is sponsored by a generous grant from the Jewish Women’s Foundation of New York.

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Topics: nanny payroll, nanny tax

ITIN Application Process Clarified

Posted by Kathy Webb on 10/30/12 4:13 PM

The IRS has issued interium guidance and a detailed FAQ on changes to the Individual Taxpayer Identification Number (ITIN) application process. An ITIN is a number similar to a Social Security number which is issued by the IRS to taxpayers who are not eligible for Social Security numbers but need a tax identification number for tax filing and other purposes. Household employees who are not eligible for a SSN are almost always aliens working without valid US work authorization. Families who hire these undocumented workers are in violation of US immigration law and are still legally responsible to report and pay all employment taxes.The IRS is making changes to the ITIN application process in response to documented tax fraud associated with these identification numbers.

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