Are all housekeepers and gardeners considered household employees for tax purposes?
I've been looking into this whole household employee tax thing with the IRS, and I'm seriously confused. From what I understand, nannies and babysitters are considered household employees for tax purposes. According to what I've read, practically ANYONE who does work in your home using your equipment/tools is technically a "household employee." But this seems really weird to me. Like, housekeepers and gardeners both do work that fits this definition, but I don't know a single person who treats their cleaning service or lawn care people as household employees and does tax withholding for them! It honestly feels like the IRS is specifically targeting families with nannies because they know most younger babysitters aren't reporting this income on their taxes, and the families hiring them aren't either. Am I being paranoid, or is there actually a difference in how these different service providers are supposed to be treated tax-wise? Does anyone actually follow these rules properly?
18 comments


Nina Fitzgerald
There's actually some important distinctions here that explain why not all service providers are treated the same way for tax purposes. The key factor is who controls HOW the work gets done. If you hire a maid service or lawn company (rather than an individual), they're independent contractors because they bring their own supplies, set their own schedules, and determine how to complete the work. They also typically work for multiple clients. For nannies and regular babysitters, you usually control their schedule, provide direction on caring for your children, and they often work exclusively for your family. That makes them household employees. The $2,600 threshold (for 2025) is also important - if you pay a household employee less than this annually, you don't need to withhold or pay employment taxes. Many occasional babysitters fall under this threshold. The IRS isn't specifically targeting families with nannies - they're applying employment law consistently, but the nature of different service relationships creates different classifications.
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Jason Brewer
•So what about my housekeeper who comes every Wednesday morning and I pay her directly (not through a service)? She uses some of my cleaning supplies (vacuum, mop) but brings her own chemicals. She works for other families too. Is she an employee or contractor?
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Nina Fitzgerald
•Based on what you've described, your housekeeper would likely be considered an independent contractor, not a household employee. The key factors in your situation are that she works for multiple families (not just you) and maintains control over how she performs her work. Even though she uses some of your equipment, she brings her own cleaning products and presumably decides herself how to clean your home effectively. The fact that she has multiple clients also strongly suggests she's operating as an independent business.
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Kiara Fisherman
After spending countless hours trying to figure out these exact household employee tax rules, I found this tool called taxr.ai (https://taxr.ai) that saved me so much stress! I was in the same boat wondering about my gardener and part-time babysitter. I uploaded our arrangement details and pay records to their system, and it analyzed everything according to the latest IRS guidelines. It clearly explained that my occasional weekend sitter isn't a household employee since she's under the threshold, but my regular gardener who uses my equipment and only works for me actually is! The tool breaks down exactly which forms you need to file and even helps with calculating the correct withholding amounts. It basically removed all the guesswork.
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Liam Cortez
•Does it help with figuring out back taxes if you haven't been properly withholding for someone who should have been classified as a household employee? I'm worried I've been doing this wrong for our nanny for a couple years.
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Savannah Vin
•I'm skeptical of these online tools. How does it actually know the specific IRS rules for household employees vs contractors? Does it ask enough questions to make the right determination? The line seems really blurry to me.
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Kiara Fisherman
•Yes, it absolutely helps with back taxes! The tool has a specific feature where you enter previous payment history, and it calculates what you should have withheld, plus any penalties you might face. It also generates a plan for getting compliant with the IRS moving forward. The classification system is surprisingly sophisticated. It asks about 12-15 detailed questions covering work arrangements, payment methods, who supplies equipment, level of direction, exclusivity, and scheduling control. It's based on the exact criteria IRS agents use to make these determinations. The questions are designed to assess the full control and independence factors that determine proper classification.
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Savannah Vin
I was super skeptical about using an online tool for something this important, but I decided to try taxr.ai after posting here. I was shocked at how thorough it was! I've been paying our "housekeeper" wrong for 3 years - turns out she IS a household employee because I set her hours, provide all supplies, and she only works for our family. The tool generated all the back tax forms I needed and calculated my liability (lower than I feared). It even explained exactly how to register with my state's tax department - something I didn't realize I needed to do. I was able to get everything fixed and filed within a week. Can't believe I was doing this wrong for so long! If you're confused about this household employee stuff, definitely worth checking out.
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Mason Stone
I had this EXACT same issue last year! After spending HOURS on hold with the IRS trying to get answers about my nanny situation, I finally used Claimyr (https://claimyr.com) to get through to a real IRS agent. You can see how it works here: https://youtu.be/_kiP6q8DX5c They got me connected to an actual IRS tax expert in about 20 minutes (vs the 2+ hours I wasted on hold before). The agent walked me through all the household employee requirements and confirmed that my lawn service guys are contractors (because they work for a company that decides how the work gets done), but my regular babysitter who works 15 hours a week is definitely a household employee requiring proper tax treatment. The peace of mind from getting this info directly from the IRS was totally worth it!
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Makayla Shoemaker
•Wait, this service actually gets you through to the IRS? How does that even work? I thought it was impossible to reach anyone there without waiting for 3 hours.
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Christian Bierman
•Sounds like a scam tbh. If it was that easy to get through to the IRS, everyone would be doing it. Did they charge you for this "service"?
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Mason Stone
•It works by using an automated system that navigates the IRS phone tree and waits in the queue for you. When they reach a human agent, you get a call connecting you directly. It saved me from having to stay on hold for hours, which was amazing since I was trying to handle this while also watching my kids. It's definitely not a scam! I was skeptical too before trying it. They don't have any special "insider" access to the IRS - they're just using technology to handle the hold time for you. I've used it twice now for different tax questions and got through both times. Was especially helpful during tax season when hold times are worst.
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Christian Bierman
I need to eat my words about Claimyr being a scam. After posting that comment, I decided to try it myself because I was desperate to get clarity on my housekeeper situation before filing my taxes. I was connected to an IRS agent in about 35 minutes (they texted updates while their system was on hold). The agent confirmed that my housekeeper who comes twice a week, uses my vacuum but brings her own cleaning supplies, and also works for other families is actually an independent contractor - NOT a household employee. Getting this straight from an official IRS source was such a relief! The agent even emailed me documentation about the distinction. Saved me from potentially misclassifying her on my taxes.
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Emma Olsen
After going through this household employee nightmare last year, my biggest advice is to get EVERYTHING in writing. Create a work agreement that clearly states the relationship (employee vs contractor) and stick to it. For my house cleaner, I specifically structured our arrangement so she qualifies as an independent contractor - she sets her own hours, decides how to clean, brings most supplies, and works for multiple clients. This arrangement benefits both of us. For our part-time nanny, we've embraced the household employee classification. We use a payroll service that handles all the tax withholding and quarterly filings for about $45/month. Completely worth avoiding the headache and potential audit risk.
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Lucas Lindsey
•Did you need to get an EIN number to properly employ your nanny? And are you using a specific payroll service that specializes in household employees?
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Emma Olsen
•Yes, I had to get an EIN which was surprisingly easy - took about 10 minutes on the IRS website. I received it immediately via email after completing the online form. I use HomePay which specializes in household employees. It's a bit pricier than some general payroll services, but they understand all the household employee nuances like state-specific nanny taxes and how to properly handle non-taxable benefits like transportation reimbursements. They also provide my nanny with professional pay stubs and handle all the quarterly and year-end tax filings. Makes the whole process almost completely hands-off for me.
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Sophie Duck
Is the threshold REALLY $2,600 for 2025? I thought it was way lower. Anyone know where I can find the official number? My 17-year-old niece babysits for us regularly and I pay her about $220/month...trying to figure out if I'm supposed to be doing all this tax withholding stuff.
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Austin Leonard
•It's actually $2,500 for 2024 and will likely be around $2,600 for 2025 after inflation adjustment (IRS hasn't announced final 2025 numbers yet). So at $220/month, you're paying about $2,640 annually - possibly just over the threshold. But there's another rule - if your niece is under 18 and childcare isn't her primary occupation, you don't have to withhold FICA taxes. However, you might still need to issue a W-2. Check Publication 926 (Household Employer's Tax Guide) on the IRS website for all the details.
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