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Am I required to ask my babysitter's work status?


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A friend of mine (not born here) has started babysitting for me occasionally (not much--at the most $50/week, usually one afternoon or evening for $30).

 

It just occurred to me that I have no idea if she has permission to work in the US. Is it illegal for me to pay her for babysitting?

 

A different person (with permission to work) cleans my house and I pay both her and my portions of FICA tax, because I pay her more than $1500/year.

 

Am I required to fill out a 1099 on the babysitter, even if I will not come close to the threshold that requires me to report the income I pay her?

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My understanding too is that you'll need to do a 1099, but do not need to withhold taxes or FICA, nor do you have to match FICA. For a 1099, it's my understanding that you are not required to do an I-9, but she'll need to provide her social security number so you can do the 1099.

 

It is her responsibility at that level to file (if she meets the income threshold to file) and pay the federal, state and local taxes; she's responsible for both sides of FICA since you pay on every penny, no matter the income.

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