{ "media_type": "text", "post_content": "Client wants to claim nanny expenses from 2020 on Sch H but did not withhold any of the payroll taxes or issue a W-2 (seems to have been a cash deal). What is the proper treatment on the client (employer) 1040? Claim the full amount as if they did withhold and somehow get that money from the nannies? Only claim employer half and assume the nannies are claiming on their 1040?", "post_id": "61322816a720440022a908ad", "reply_count": 12, "vote_count": 2, "bowl_id": "599555b669a73a0010aab3ac", "bowl_name": "Tax Bowl" }

Client wants to claim nanny expenses from 2020 on Sch H but did not withhold any of the payroll taxes or issue a W-2 (seems to have been a cash deal). What is the proper treatment on the client (employer) 1040? Claim the full amount as if they did withhold and somehow get that money from the nannies? Only claim employer half and assume the nannies are claiming on their 1040?

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That’s tough because there’s matching happening with wages and SSNs. Safest bet is to gross up and let the client pay the tax. Hopefully the nanny hasn’t filed their return because if they have, it’s a mess.

likesmart

You don’t get to claim nanny expenses. It’s personal. Sch. H is just a mechanism to report payroll taxes, like a 940/941. You get no tax benefit from filling it out.

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It’s your client’s fault for not withholding. What else can you do? Go back and ask for the money back from the Nanny?

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What does Schedule H have to do with nanny expense? First off personal expenses aren’t deductible, second off, Schedule S is other taxes not a credit. Even by filing a 1099 assuming she qualifies as a contractor won’t allow you to take a deduction. And by the nature of the job, it’s very hard to qualify as a contractor and not an employee. Just saying.

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Honestly, I would skip Sch. H and give the Nanny a 1099.

It was poorly worded, there is no claiming of expenses, just wanting to be sure that what they paid the nannies is properly paid in for payroll tax purposes.

Some people don’t understand context clues lol.

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