Guides10 min read·February 19, 2026

What Is a Household Employee? Complete IRS Guide for 2026

Learn the IRS definition of a household employee, how to tell employees from contractors, tax thresholds for 2026, and your obligations as a household employer.

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PAYHROLL Team

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Guide to understanding household employees and IRS tax requirements
TL;DR — Quick Answer

A household employee is anyone you hire to work in or around your home where you control what work is done and how. If you pay them $2,700+ in 2026, you owe employment taxes (FICA, FUTA) reported on Schedule H.

  • Nannies, housekeepers, caregivers, and private cooks are almost always household employees
  • The IRS “control test” determines classification — not how you pay them
  • Misclassifying as a 1099 contractor can trigger penalties up to 100% of taxes owed
$2,700
2026 FICA Threshold
Per employee, per year
15.3%
Total FICA Rate
6.2% SS + 1.45% Medicare × 2
100%
Max IRS Penalty
For willful non-compliance

IRS Definition of a Household Employee

According to IRS Publication 926, a household employee is a worker you hire to do domestic work in a private home. The defining factor is control: if you determine not only what work gets done but also how and when it gets done, that worker is your employee.

It does not matter whether the work is full-time or part-time, or whether you found the worker through an agency or a personal referral. The location and the control test are what matter.

The IRS Control Test in Plain English

Ask yourself two questions:

1. What work is done? You decide the tasks (cleaning, childcare, cooking, yard work).

2. How is the work done? You set the schedule, provide supplies, and direct the methods.

If you answer “yes” to both, the worker is your household employee — even if you give them day-to-day freedom in carrying out those tasks.

This definition comes from the common-law rules the IRS uses across all employment settings. For household work specifically, Publication 926 is the authoritative reference.

Household Employee vs Independent Contractor

The distinction determines whether you owe employment taxes. Getting this classification wrong can lead to IRS penalties, back taxes, and interest.

FactorHousehold Employee (W-2)Independent Contractor (1099)
Who controls the work?You set the schedule, tasks, and methodsWorker controls how and when they work
Who provides tools?You provide equipment and suppliesWorker brings their own tools
Works for others?Primarily works for your householdServes multiple clients independently
Payment structureHourly, weekly, or salaryPer-job or project-based fee
Can be fired?You can let them go at any timeBound by terms of a contract
Tax formW-21099-NEC
Your tax obligationWithhold FICA, pay FUTA, file Schedule HNo withholding, no employer taxes
Most people who work in your home on a regular basis are employees, not contractors. Your nanny, housekeeper, and in-home caregiver almost always qualify as household employees.
W-2 vs 1099 for Household Employees
Deep dive into why your nanny is almost never a contractor

Common Types of Household Employees

The IRS considers a wide range of domestic workers to be household employees. If you hire any of the following people and control how they do their work, they are your employees:

Childcare
Nannies and babysitters
Cleaning
Housekeepers and maids
Elder Care
Senior caregivers and health aides
Food Service
Private cooks and chefs
Grounds
Gardeners and groundskeepers
Transport
Drivers and chauffeurs
Admin
Personal assistants
Management
Estate managers
What About Occasional Babysitters?

Casual babysitters — typically teenagers you hire occasionally — may be exempt if they are under 18 and babysitting is not their principal occupation. However, if you pay any single worker $2,700+ in 2026, taxes apply regardless of age.

New Household Employer Checklist
Every step from day one when hiring your first household employee

Who Is NOT a Household Employee

Not everyone who does work in your home is your employee. The IRS excludes several categories:

  • Self-employed contractors — A plumber, electrician, or repair technician who operates their own business and controls how they complete the job.
  • Agency-employed workers — If the agency controls the worker's assignments, pay, and methods, the agency is the employer.
  • Your spouse — Wages paid for household work are not subject to FICA or FUTA.
  • Your child under 21 — Their wages are exempt from FICA taxes.
  • Your parent (with exceptions) — Generally exempt from FICA unless specific conditions apply.
Common Mistake

Even if a cleaning company sends the same person to your house every week, if the company controls that worker's schedule and pay, the company is the employer. But if you hire that same person privately and direct their work, they become your household employee.

Tax Obligations for Household Employers

Once you cross the wage threshold, you take on several tax responsibilities reported on Schedule H (Form 1040), filed with your personal income tax return.

TaxEmployer PaysWithheld from Employee
Social Security6.2% (up to $176,100)6.2% (up to $176,100)
Medicare1.45% (no cap)1.45% (no cap)
FUTA0.6% (first $7,000)N/A
Federal Income TaxN/AOptional (per W-4)
State Income TaxVariesRequired in most states
State UnemploymentVaries by stateN/A
Complete Nanny Tax Guide for 2026
Detailed walkthrough of every household employment tax

The $2,700 Threshold for 2026

The household employee tax threshold is the amount you must pay a single worker before employment taxes kick in. For 2026, that threshold is $2,700.

Tax YearFICA ThresholdChange
2026$2,700+$100
2025$2,600+$100
2024$2,500-$100
2023$2,600+$100
Real-World Example

You pay your housekeeper $300 per week. By week 9 (around early March), you will have paid $2,700. At that point, FICA taxes are owed on every dollar you have paid — and will pay — for the rest of the year.

How to Set Up as a Household Employer

Setting up correctly from day one saves you from headaches at tax time.

1

Get an EIN

Apply for an Employer Identification Number from the IRS using Form SS-4 (available online for immediate issuance). Do not use your Social Security number for employer filings.
2

Verify Work Eligibility

Have your employee complete Form I-9 within three days of their start date. You must examine original identity and work authorization documents.
3

Collect Tax Forms

Get Form W-4 for federal income tax withholding elections and your state W-4 equivalent if required.
4

Register with Your State

Most states require you to register as an employer for unemployment insurance. Report the new hire to your state's new hire directory within 20 days.
5

Set Up Payroll

Use a household payroll service that automates calculations, tax filings, and pay stubs. This is where most household employers save the most time and avoid costly mistakes.
PAYHROLL for Household Employers
Automated payroll, tax calculations, and W-2 filing in minutes

State-Specific Requirements

Federal rules apply everywhere, but each state layers on its own requirements:

Workers' Comp
Required in CA, NY, NJ, and more
Disability Insurance
CA, HI, NJ, NY, RI
Paid Family Leave
CA, CT, MA, NJ, NY, OR, WA
Domestic Workers' Rights
NY, CA, HI + others

Frequently Asked Questions

Do I need to pay taxes if I pay my babysitter in cash?

Yes. If you pay a single household worker $2,700 or more in cash wages during 2026, you owe employment taxes regardless of payment method.

What happens if I don't pay household employee taxes?

The IRS can assess the full employer and employee shares of FICA plus a penalty of up to 100% of the tax due. Repeated or willful failure can lead to criminal charges.

Can I hire my nanny as a 1099 contractor to avoid taxes?

No. A nanny who works in your home on a schedule you set is almost always a household employee under IRS rules. Misclassification can result in back taxes, penalties, and interest.

Do I need to provide a W-2?

Yes. You must provide a W-2 by January 31 of the following year and file Copy A with the Social Security Administration.

What is Schedule H and when do I file it?

Schedule H is the IRS form household employers use to report employment taxes. Attach it to your Form 1040 and file by April 15.

P

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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