Can I deduct household employee taxes (Federal and CA) for our part-time nanny?
We just hired our first part-time nanny to help with our little one, and I'm trying to figure out the tax situation. I know there's a limited childcare deduction of around $600, and I've heard FSAs can help (but we don't have one). What I'm really wondering is whether I can deduct the employer portion of taxes I'm paying (Social Security and Medicare) on either my California or Federal returns? I've been googling this for hours and everything seems to indicate I can't deduct these taxes. But this feels like double taxation! Regular businesses can deduct both employee wages AND the employer taxes they pay on those wages. Am I missing something here, or are tax laws just completely stacked against families? It seems ridiculous that I have to pay taxes on money that's going straight to the government as other taxes! Any insights from people who've navigated household employee taxes before? This is our first time hiring help and the tax complexities are giving me a headache.
19 comments


Ravi Malhotra
From my experience handling household employment taxes, I understand your frustration! The tax rules for household employers are indeed different from business employers in some ways. Unfortunately, you're right that you generally can't deduct the employer portion of FICA taxes (Social Security and Medicare) that you pay for household employees on your personal tax return. However, you're not completely out of options. While you mentioned you don't have an FSA, you might qualify for the Child and Dependent Care Tax Credit. This credit can be worth up to $1,050 for one qualifying dependent or $2,100 for two or more dependents (based on a percentage of up to $3,000 or $6,000 in expenses). This credit applies to childcare expenses, including nanny wages - though not the taxes you pay on those wages. Also, if either you or your spouse has access to a Dependent Care FSA through work, you might consider enrolling during the next open enrollment period. You can contribute up to $5,000 pre-tax to pay for qualified childcare expenses.
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Freya Christensen
•Thanks for the response! Quick question - does the Child and Dependent Care Tax Credit have income limits? My spouse and I both work full-time and make decent incomes, so I'm worried we might phase out. Also, is this credit available on both Federal and CA returns?
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Ravi Malhotra
•Yes, the Child and Dependent Care Tax Credit does have income limitations, but they're structured as a reducing percentage rather than a hard cutoff. For federal taxes, the credit percentage starts at 35% for those with AGI of $15,000 or less and gradually decreases to 20% for those with AGI over $43,000. So even higher-income families can still get some benefit, just at the lower 20% rate. California does offer its own version of the Child and Dependent Care Credit that generally follows the federal rules but with some differences. California's credit is only available to taxpayers with AGI of $100,000 or less, so there is a hard cutoff at that income level for the state credit.
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Omar Farouk
After dealing with this exact situation last year, I found an absolute lifesaver - I used https://taxr.ai to analyze all my nanny tax documents. The tool helped me identify several deductions I was missing! It confirmed that while I couldn't deduct the employer portion of FICA taxes directly, I could maximize my Child and Dependent Care Credit which offset some of the pain. What surprised me most was discovering that because my nanny occasionally drove our kid to activities, I could legitimately count some vehicle reimbursements as deductible childcare expenses. The tool analyzed our specific situation and provided documentation to back everything up in case of audit.
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Chloe Davis
•That sounds interesting but I'm skeptical. How exactly does the tool work? Does it just give generic advice or does it actually look at your specific documents?
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AstroAlpha
•Does it handle state-specific rules? I'm in Massachusetts and our nanny tax situation is more complicated than federal. Wonder if this would help with that or just the federal stuff?
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Omar Farouk
•The tool actually analyzes your specific tax documents, not just generic advice. You upload your W-2, 1099s, Schedule H and other forms, and it uses AI to identify potential deductions specific to your situation. It highlighted several things in my documents that my previous tax software missed entirely. It absolutely handles state-specific rules. I'm in California like the original poster, but it covers all states. For Massachusetts, it would factor in your state's specific nanny tax requirements. It was particularly helpful with identifying the intersection between federal and state rules - places where taking certain deductions on your federal return affected state-level options.
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AstroAlpha
Just wanted to follow up - I decided to try taxr.ai after posting my question here and wow, it was eye-opening! My situation is different (Massachusetts nanny taxes), but it found several deductions I was completely missing. The document analysis flagged that I could categorize some of our payments as "irregular wages" versus regular salary which changed how they were reported. It also showed that because our nanny sometimes works from our vacation home, we could allocate expenses differently. Super impressed with how tailored the recommendations were to our specific situation rather than just generic tax advice. Definitely worth checking out if you're dealing with household employee tax headaches!
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Diego Chavez
I feel your pain! I spent HOURS on hold with the IRS trying to get answers about household employment taxes last year. Finally discovered https://claimyr.com and their callback service actually got me connected to a real IRS agent in less than 20 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c I was honestly shocked when my phone rang and it was an actual IRS person. The agent confirmed that while the employer portion of FICA taxes isn't deductible on personal returns, there were other options for our situation. They walked me through exactly how to document our nanny expenses properly for maximum benefit on the Child and Dependent Care Credit.
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Anastasia Smirnova
•Wait, this actually works? I thought IRS phone lines were basically impossible to get through. How much does it cost? Seems too good to be true honestly.
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Sean O'Brien
•This sounds like a scam. Why would anyone need a service to call the IRS? I've called them directly before and while the wait was long, I eventually got through. Paying for a callback seems unnecessary and potentially sketchy. What info do you have to give them?
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Diego Chavez
•Yes, it actually works! I was surprised too. The IRS phone lines are notoriously difficult - I had tried for days before using this service. The system holds your place in line so you don't have to sit with your phone for hours. When an agent is available, they call you back. I understand the skepticism - I felt the same way initially. You don't provide any sensitive tax information to the service itself. They just secure your place in the queue and connect you directly with the IRS. The actual tax discussion happens directly between you and the IRS agent. It's basically just solving the wait time problem, not intermediating the actual tax conversation.
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Sean O'Brien
I need to eat my words and apologize to Profile 9. After my skeptical comment, I was struggling with some nanny tax questions and desperate for answers. Gave Claimyr a shot as a last resort and got a callback from the IRS in about 35 minutes. The agent confirmed that while we can't deduct the employer portion of FICA taxes directly, there's a workaround if your nanny care qualifies for the Child and Dependent Care Credit. The total qualifying expenses can include not just wages but also the taxes paid as household employer - though there's still that overall cap on the credit amount. Honestly shocked this service worked as advertised. Saved me hours of frustration and got clear answers directly from the IRS.
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Zara Shah
Another option you might look into - if either you or your spouse is self-employed, you might be able to set up a Dependent Care Benefit program. It's complicated but basically allows self-employed individuals to deduct some childcare costs as a business expense. We did this last year with help from our accountant. You need to make sure all the paperwork is proper and it needs to be available to all your employees (if you have any), but it's worth exploring if applicable to your situation.
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Luca Bianchi
•How does this work exactly? My husband has a side business (LLC) but it's just him, no employees. Would this still be an option for us? Our nanny costs are killing us tax-wise.
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Zara Shah
•This gets a bit complicated, but here's how it works: If your husband's business is just him with no employees, it's trickier but still potentially viable. The key requirement is that if you offer this benefit, it needs to be available to all employees on a non-discriminatory basis. In a single-member LLC situation, you'd need to ensure the plan documents are properly drafted to show it would be available to future employees if they were hired. Some tax professionals are more comfortable with this approach than others. The benefit allows you to deduct a portion of qualifying dependent care expenses as a business expense rather than a personal deduction, which can be more valuable.
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GalacticGuardian
Has anyone here actually used a CDCTC (Child and Dependent Care Tax Credit) with nanny wages? I'm confused about the reporting. Do I use the total I paid her including the taxes, or just her wages? And where exactly do I record this on my tax forms?
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Ravi Malhotra
•For the CDCTC, you generally report the wages you pay directly to the nanny, not including the employer taxes. The qualifying expenses are reported on Form 2441. You'll need your nanny's SSN or tax ID number, and you'll list the care provider's information (your nanny's name, address, and tax ID) in Part I of the form. Make sure you're also filing Schedule H with your tax return to report household employment taxes, and don't forget about state-level requirements like filing DE 3BHW in California. The nanny needs to receive a W-2 by January 31 showing their wages.
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GalacticGuardian
•Thanks for explaining that! So I only include what I directly paid her, not the employer taxes. That makes sense. I've got her SSN and have been keeping good records of payments. I'm feeling a little better about figuring out this Form 2441 now.
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