W2s are almost due!

But what happens if your employer gives you a 1099 instead?

According to the IRS, a nanny is a household employee, and must be given a W-2. Being misclassified as an independent contractor means you end up paying yours AND your employer's portions of employment taxes.

So what do you do if this happens?

First, remember the law is on your side! If your contract doesn't outline tax laws and responsibilities, it's possible your employer doesn't know or was misinformed about tax requirements for nannies. Having resources available, such as the Household Employer's Tax Guide (https://www.irs.gov/pub/irs-pdf/p926.pdf), can help to educate your employer.

Another way to support your position is to file a form SS-8 with the IRS (https://www.irs.gov/forms-pubs/about-form-ss-8). This will provide proof of your status as an employee.

What if your employer still refuses to issue you a W2?

IRS form 8919 (https://www.irs.gov/forms-pubs/about-form-8919) will help you determine your share of uncollected social security and Medicare taxes. Then attach form 8919 to your federal income tax return (Form 1040). You'll pay the amount determined by form 8919, and the IRS will reach out to your employer to collect their portion of social security and Medicare taxes.

How do you prevent this from happening in the future?

Outline it clearly in your contract and discuss taxes when you're interviewing with potential employers! Keeping yourself informed with up-to-date information will make it easier to advocate for yourself in the future!

The free 2026 Knowledge for Nannies Employment Agreement outlines tax laws and requirements, and includes resources and more: https://www.knowledgefornannies.com/free-nanny-contract