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

Asked 3 months ago - 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. John P Corrigan

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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... more
  2. Daniel Lee O'Neil

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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... more
  3. Jeffrey L. Cohen

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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.

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