Hiring a nanny, housekeeper, or caregiver makes you a household employer with legal obligations. Follow these 5 steps to get compliant: get an EIN, collect employee forms (I-9, W-4), register with your state, set up payroll, and issue pay stubs. Most setup takes less than one day.
- Apply for a free EIN at IRS.gov (instant approval)
- Complete Form I-9 within 3 days of hire
- Register for state unemployment + workers' comp insurance
- File W-2 by January 31 and Schedule H by April 15
Before the First Day
Before your new employee starts, there are several important decisions and tasks to complete. Getting these right upfront prevents compliance headaches and sets the tone for a professional working relationship.
Confirm employee classification
Run a background check (with permission)
Agree on compensation and terms
Decide how you will handle payroll
Even though it is not legally required in most states, a written employment agreement covering pay rate, schedule, duties, and termination terms prevents misunderstandings. Include details about overtime, meals, holidays, and any benefits you plan to offer.
Step 1: Get Your Employer Identification Number (EIN)
An EIN is your tax ID as an employer. You need it to file employment taxes, report wages to the IRS, and issue W-2 forms. Applying is free and takes about 10 minutes online.
Go to IRS.gov/EIN
Select "Household Employer" as your entity type
Complete the application
Receive your EIN instantly
Your EIN is different from your Social Security Number. Always use your EIN — never your SSN — for employment tax filings and forms. Store your EIN securely; you will use it for all employer tax documents.
Step 2: Collect Required Employee Forms
Have your employee complete these forms on or before their first day of work. Proper documentation is the foundation of compliant household employment.
Form I-9: Employment Eligibility
The I-9 verifies your employee's identity and authorization to work in the United States. This is a federal requirement for every employee, including household workers.
| I-9 Section | Who Completes It | Deadline |
|---|---|---|
| Section 1 (employee info) | Employee | On or before first day of work |
| Section 2 (document review) | Employer (you) | Within 3 business days of hire |
| Retention | Keep on file | 3 years after hire or 1 year after termination |
Form W-4: Federal Withholding
The W-4 determines how much federal income tax to withhold from paychecks. While federal income tax withholding is technically optional for household employers, having a W-4 on file is strongly recommended.
Unlike business employers, household employers are not required to withhold federal income tax. However, if your employee requests it on their W-4, you should withhold. This helps your employee avoid a large tax bill when they file their return.
State Tax Forms
Most states with income tax have their own withholding form similar to the W-4. Check your state's department of revenue or taxation for the specific form required. Keep all completed forms on file — you do not need to submit them to the IRS or state.
Step 3: Register with Your State
Beyond federal requirements, you need to register as a household employer with your state. Requirements vary by state, but there are common obligations most household employers share.
“New hire reporting is required in all 50 states. Most states require you to report new employees within 20 days of their start date — some states set shorter deadlines.
Many new household employers skip workers' compensation insurance, but it is legally required in most states. If your employee is injured on the job without coverage, you could be personally liable for medical bills and lost wages. Contact a local insurance agent or your state's workers' comp board to get a policy.
Step 4: Set Up Your Payroll System
You need a reliable system to track hours, calculate pay, withhold taxes, and maintain records. Our small business payroll 101 guide covers the full process in depth, but here are the two main approaches.
| Feature | DIY Payroll | Payroll Service |
|---|---|---|
| Tax calculations | Manual (IRS Pub 15) | Automatic |
| Tax deposits & filings | You handle deadlines | Done for you |
| W-2 preparation | You create and file | Generated and filed |
| State compliance | Research each requirement | Handled automatically |
| Direct deposit | Set up with your bank | Built-in |
| Cost | Free (your time) | $40-75/month typical |
| Risk of errors | Higher | Lower |
Choose a Pay Schedule
Select how often you will pay your employee. Your state may have minimum pay frequency requirements, so check before deciding.
Most nannies and caregivers prefer weekly pay. It aligns with their work schedule and makes budgeting easier. Check your state's labor laws — some states require at least semi-monthly pay for domestic workers.
Step 5: Issue the First Paycheck
When payday arrives, follow these steps to calculate and deliver compensation correctly.
Calculate gross pay
Calculate and withhold taxes
Calculate net pay
Pay your employee
Provide a detailed pay stub
Social Security: 6.2% of gross (employee share) + 6.2% employer share
Medicare: 1.45% of gross (employee share) + 1.45% employer share
Federal income tax: Per W-4 (optional for household employers)
State income tax: Per state form (if applicable)
Ongoing Employer Obligations
Once you are set up, household employment requires consistent attention to payroll, taxes, and record-keeping on three cycles.
| Frequency | Tasks |
|---|---|
| Each pay period | Calculate and pay wages, withhold employee taxes, record hours, provide pay stub |
| Quarterly | File state unemployment reports, pay SUTA taxes, make estimated tax payments (if applicable) |
| Annually | Issue W-2 by Jan 31, file W-2/W-3 with SSA by Jan 31, file Schedule H by Apr 15, reconcile state filings |
“Keep records of every paycheck, hours worked, and tax withholding for at least four years. The IRS can audit household employment taxes going back three years — six years if they suspect underreporting.
Since household employment taxes are reported annually on Schedule H, the IRS expects you to account for them throughout the year. Either increase your W-4 withholding at your regular job or make quarterly estimated tax payments using Form 1040-ES. Failing to do so may result in an underpayment penalty.
Year-End Requirements
At the end of the year, household employers face several critical deadlines. Missing these can result in penalties and interest from both the IRS and your state.
| Deadline | Action Required | Filed With |
|---|---|---|
| January 31 | Provide W-2 to employee | Employee |
| January 31 | File W-2 and W-3 | Social Security Administration |
| April 15 | File Schedule H with Form 1040 | IRS |
| Varies by state | State year-end reconciliation | State tax/unemployment agency |
Prepare and deliver the W-2
File W-2 and W-3 with the SSA
Complete Schedule H
File Schedule H with your tax return
The penalty for filing W-2s late ranges from $60 to $310 per form depending on how late you file, with higher penalties for intentional disregard. Set a calendar reminder for mid-January to prepare W-2s with time to spare before the January 31 deadline.
Frequently Asked Questions
PAYHROLL Team
Payroll Experts
Every article is researched and reviewed by our editorial team with expertise in IRS compliance, household employment law, and small business payroll. We fact-check against IRS publications and update content when tax rules change.
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