Skip to main content

Can A Nanny file her taxes even if I didn't give her any forms? How will she prove the amounts she was paid? What will this mean

New York, NY |

I had a Nanny 3 yrs ago It didn't work out and she quit she worked for 3 yrs got paid cash. My Ex didn't want to pay on the books. He is just a mail man we don't make much she claims she filed her taxes how is it even possible?

Attorney Answers 3


  1. Forms are not required from an employer in order to pay taxes on income. The nanny would simply report the amount of cash received as her taxable income which she is supposed to do under the U.S. Tax laws. The employer, if audited, would be penalized for failure to report the wages actually paid to an employee.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.


  2. Yes, she can and should file her returns based on her records of what she received. This could possibly mean an investigation of you and why you did not file information returns, but the chances are extremely unlikely.

    This is not intended to be legal advice, and is general in nature.


  3. As otherwise addressed she was free to report what she earned. If you hit audit, get a tax controversy lawyer or enrolled agent on the case as quickly as possible.

    Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever rely upon any statements posted on the Avvo Q&A section. There is no attorney-client privilege based on this interaction. I am not your attorney and there is no attorney-client privilege up until the moment that we have a signed engagement letter with a clear understanding regarding fees - at which point we will not be discussing your legal issue online on a public Q&A board that anyone in the world can view. You should find an attorney that can best represent your interests: using the Avvo lawyer search is one of many possible utilities online to collect names of lawyers you might be interested in meeting with offline to discuss your legal issue in full detail so the legal advice can be tailored to the specific facts of your legal issue.