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Author: TMFPMarti Big funky green star, 20000 posts Home Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 121594  
Subject: Re: Household Employee? Date: 8/27/2012 5:18 PM
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Are household employees normally issued W-2?

Yes, assuming that there is an employer/employee relationship. Stop one is Form SS-8, which has the 20 common law questions figuring in this "facts and circumstances" determination. (This form doesn't have to be filed anywhere, it's just a decision aid.)

The situation you describe sounds like employer/employee. The employer's requirements are in Pub 926. Don't forget that there's also a requirement to establish that the worker is legal to work. At the Federal level income tax withholding must be voluntary by both parties.

A word of warning. MIL may find that the worker isn't willing to work on the books. Better to find out before the worker starts stealing from MIL as well as the gummint.

Phil
Rule Your Retirement Home Fool
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