The “Household Worker” Rule: When Paying Caregivers in…

The “Household Worker” Rule: When Paying Caregivers in Cash Can Trigger IRS Problems

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Many families hire help under the table, viewing the cash payments to a cleaner, nanny, or senior caregiver as a private arrangement. However, the IRS has strict rules defining when “help” becomes “employment,” and in 2026, the threshold for reporting these payments is $3,000. Once you pay a single household worker more than this amount in a calendar year, you are legally an employer required to withhold taxes. Ignorance of this rule is not a defense, and with increased digital payment tracking (like Venmo and Zelle), the IRS has more visibility than ever into these informal wages. Failing to file Schedule H can lead to back taxes, penalties, and interest that far exceed the cost of doing it right.

The $3,000 “Nanny Tax” Trigger

For the 2026 tax year, the coverage threshold for household employees has risen to $3,000. This means if you pay your regular housekeeper or elder care aide $60 a week, you will cross this limit by the end of the year ($60 x 52 weeks = $3,120). Once you cross that line, you are required to withhold 6.2% for Social Security and 1.45% for Medicare from all their wages, not just the amount over the threshold. You must also pay a matching 7.65% from your own pocket. Families often realize this too late in December, forcing them to pay both shares just to settle up with the IRS.

Employee vs. Independent Contractor

The most common defense is “but they are an independent contractor.” The IRS uses a specific “control test” to determine this: if you control what work is done and how it is done (e.g., “use this vacuum,” “arrive at 9 AM”), they are your employee. If the worker brings their own supplies, sets their own hours, and services many other clients, they might be a contractor. However, for a full-time senior caregiver working in your home, the IRS almost always classifies them as an employee. Misclassifying a worker to avoid taxes is a primary audit trigger.

Unemployment Tax (FUTA) Liability

Beyond Social Security, if you pay total cash wages of $1,000 or more in any calendar quarter, you also owe federal unemployment tax (FUTA). This is a separate tax of 6% on the first $7,000 of wages, paid entirely by you, the employer. Many families budget for the hourly rate but forget to add this 6% surcharge to their costs. If you fire a caregiver and they file for unemployment benefits, the state will investigate your tax records immediately. This is often how “under the table” arrangements are discovered.

The Worker’s Compensation Mandate

In addition to federal taxes, many states require household employers to carry Worker’s Compensation insurance. If your nanny slips on a toy or your caregiver hurts their back lifting a patient, you could be personally liable for their medical bills if you don’t have this coverage. Your standard homeowner’s insurance policy usually excludes employees. In 2026, lawsuits involving uninsured household workers are rising, and the settlements can bankrupt a family. You must check your state’s specific labor laws regarding domestic workers.

How to Fix It (Schedule H)

If you realize you have crossed the $3,000 threshold, you don’t need to file a separate business return. You report these taxes on Schedule H, which you attach to your personal Form 1040 income tax return. You will likely need to increase your own withholding at your job or make estimated tax payments to cover this extra liability. Waiting until April 15th to pay the full lump sum can result in an “underpayment penalty” on your personal taxes.

Talk to Your Caregiver

The hardest part is often telling the worker you need to start withholding taxes, as it reduces their take-home pay. You may need to “gross up” their hourly rate to keep their net pay the same while remaining compliant.

Do you pay a caregiver in cash? Leave a comment below—tell us if you knew about the $3,000 limit!