Tax Deduction for a Nanny

Tax Deduction for a Nanny

The IRS tax code contains several rules that affect taxpayers and their nannies. To help working parents, Congress passed the Child and Dependent Care Credit. The Credit allows eligible taxpayers to write off a limited portion of their daycare costs. The IRS also requires nannies to pay self-employment taxes or withhold taxes through their employers.

Daycare or Nanny Tax Credit

    Working parents may take advantage of the Child and Dependent Care Credit by claiming the credit on their tax returns using the Form 2441, Child and Dependent Care Expenses. The dependent care credit is limited to taxpayers who work and require daycare to work or actively look for work. Taxpayers may take up to a $3,000 credit for one child and $6,000 for two. Daycare expenses must be for qualified children and providers. Taxpayers must have earned income to take advantage of the daycare tax credit. Qualified daycare expenses include fees paid to nannies.

Qualified Daycare or Household Nanny Services

    Taxpayers may claim the daycare credit if the taxpayer hired a qualified childcare provider or household employee to take care of their children while the taxpayers worked or tried to find employment. Household services include nannies who provide incidental housekeeping services in addition to childcare. Taxpayers may not deduct costs paid to household employees who are hired solely to provide household services, which includes chauffeurs and manual laborers.

Qualifying Child

    Taxpayers may claim daycare or nanny tax credits for daycare provided to an eligible dependent younger than 13 years of age. If the taxpayer's child lived with the taxpayer for most of the year, then the taxpayer may use the credit to cover daycare expenses. However, there are special tax laws that separately cover divorced and separated taxpayers who are non-custodial parents claiming the child as a dependent under IRS Form 8332.

Withholding Nanny's Employment Taxes

    Taxpayers who hire nannies to take care of their children must be sure to withhold employment taxes. Many working parents choose to pay both the employer's portion of the employment taxes and the nanny's portion to cover withholdings for Social Security, federal unemployment, Medicare and state taxes. Parents who fail to withhold the employment taxes may be required to pay an IRS penalty for failure to withhold employment taxes for household employees.

Nanny's Responsibility

    Nannies are typically self-employed and must file their own taxes using the 1040 Income Tax Return Form and Schedule C, Profit or Loss From Business. Alternatively, nannies can file their taxes through the taxpayer-parents who provide the nanny with IRS Form W-4, or Employee's Withholding Allowance Certificate. Once parents provide their nanny with this tax form, the nanny completes the worksheet and returns it to the parents to file.

Considerations

    Since tax laws frequently change, you should not use this information as a substitute for legal or tax advice. Seek advice through a certified accountant or tax attorney licensed to practice law in your jurisdiction.



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