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We have a housekeeper that comes two days per month. We pay by check. Should we withhold taxes from her check?

We've never really thought about the situation until she mentioned she is going to "retire and draw social security benefits from those who have paid her by check". We've averaged paying her $1700 per year, but never over $2000 per year. She uses our materials/products.

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Attorney answers (1)

Reputation Level 10
Take this with a grain of salt as I am not a tax attorney nor an accountant. However, in my dealings you are not required to withhold taxes as this woman is not your employee. In my limited opinion, she is a sole proprietor (responsible for her own taxes) or at best a contract employee (who would still be 1099'ed if she is even paying taxes).

Did you ever represent that you were withholding taxes? I do not see where she would get such an idea that you (and perhaps anyone else who paid her by check) was responsible for withholding her taxes.

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