I just finished doing my 2018 Au Pair taxes. Here is a list of everything I had to look up to get the job done.
Does my Au Pair have to pay taxes in 2019? (For the 2018 tax year)
Yes. They will almost certainly have to pay something, regardless of when they started work. (This is a change over tax years 2017 and earlier.)
Have 2018 Au Pair taxes gone up?
Yes. The amount of money Au Pairs have to pay in taxes has gone up dramatically. In my personal case, they went up 290% from $124 paid for the 2017 tax year to $483 paid for the 2018 tax year.
Is this change related to the Trump tax act?
Yes. I believe so. Here’s a quote from the WYSE Travel Confederation. “Prior to the 2017 Tax Cuts and Jobs Act, non-resident aliens, such as those working temporarily in the US under the Exchange Visitor Program, could earn up to $4,050 without paying tax. However, as of January 2018 (and up to 2025) the personal tax exemption was reduced from $4,050 to $0.”
Are you sure?
Yes, I’m positive. Regardless of the debate over how or why this has changed, it has definitely changed, and the rules and the guidelines are crystal clear. They are covered succinctly, clearly, and directly on the very first page of the 1040NR-EZ form instructions, and it is also indicated that this is a change. Quotes from the forms are included below.
Isn’t there a personal exemption that reduces the amount of tax owed?
Unfortunately, not. In 2017, there was a personal exemption. Here is a quote from the 2017 instructions from form 1040nr-ez:
Your personal exemption amount is $4,050.
However, in 2018, the instructions for form 1040nr-ez now read:
Personal exemption for individuals suspended. For 2018, you cannot claim a personal exemption.
Unfortunately, this is quite clear. The personal exemption for non-resident aliens has been suspended, dramatically increasing the amount of taxes that Au Pairs now owe each year.
For example, my last Au Pair owed $124 on her 2017 taxes (started work in July), but my current Au Pair owes $483 on her 2018 taxes (started work in July). This is an increase of 290%
What is the deadline to file 2018 Au Pair taxes?
The deadline to file taxes for the 2018 calendar year is April 15th, 2019
Can I count income I paid my Au Pair under the Child and Dependent Care Tax Credit
“As long as the host family has used an au pair’s child care services in order to work or look for employment, the stipend paid to the au pair, the costs of room and board and the fees paid to [the Au Pair service provider] are all eligible under the Child and Dependent Care Tax Credit.” Ref: EurAuPair
Can I use money from my Flex Spending Account (FSA) to pay Au Pair expenses?
Yes, but you can not count the same funds in both this AND the Child and Dependent Care Tax Credit. Also, you’ll need a statement of benefits, and the EIN of the provider. This is not sent automatically, so you’ll need to write to your Au Pair service provider and as them specifically for these documents.
Should I do my Au Pair’s taxes for her?
Suggestion: be a good host parent and help your Au Pair complete her taxes. It took me three hours to research and write this article, and I’m a native English speaking, tax-paying veteran who also teaches personal finance classes. Completing this form without help isn’t reasonable.
I suggest you do this together and share in the suffering. It’ll be much faster. Plus, the amount owed will likely be a big shock, so your host parent counseling services will be needed.
What tool should my Au Pair use to complete her taxes?
Go directly to IRS.gov and fill out the forms directly online, then print and mail them. Here is the link to the form you need.
Don’t use TurboTax. Recording miscellaneous income requires TurboTax Deluxe, which, as of this writing, costs $49. In this case, TurboTax also takes MUCH longer. Just use the straight form. It’s not as scary as you think.
What form should my Au Pair file?
Your Au Pair should probably be filing form 1040NR-EZ.
About how much will my Au Pair owe in tax?
Now that there’s no personal exemption, this has become pretty simple to figure out. With no adjustments to make, you just take the total amount you paid her in the previous year and look it up at the bottom of the instructions, and it’ll tell you straight out. Here are some examples pulled directly from the instructions:
Income: $1,000, Tax owed: $101
Income: $4,000, Tax owed: $403
Income: $7,000, Tax owed: $703
Income $10,179, Tax owed: $1,031
Income: $10,400, Tax owed: $1,061
Where should I mail my completed 1040NR-EZ?
If you are enclosing a payment, send it here:
Internal Revenue Service
P.O. Box 1303
Charlotte, NC 28201-1303
U.S.A.
If you are not enclosing a payment, send it here:
Department of the Treasury
Internal Revenue Service
Austin, TX 73301-0215
U.S.A.
How should I pay my tax?
If your Au Pair has personal checks, she can simply send one along with her completed 1040NR-EZ. If your Au Pair doesn’t use checks (like ours never do) then she can pay by credit card using one of the IRS recommended payment processors. Note. These processors charge a fee, and I consider the price (~$3) to be reasonable.
Are host parents required to withhold income for tax purposes for their Au Pairs?
No. Host Parents are not required to withhold income, nor make payroll payments to the IRS, nor are required to generate and give a W-2 to their Au Pairs. However, if both the Au Pair and the host family agree, all of the above can be done. If you already have a home business or family office, I think it’s a great service to run your Au Pair through the traditional payroll process. That way, they won’t owe hardly any tax at tax time. This probably isn’t worth it, however, if you don’t already have the mechanisms set up to do this.
Are host parents required to file a schedule H for their Au Pairs?
Generally no. Only if the au pair is a resident alien and their annual au pair wages exceed the applicable dollar threshold, then the host family must withhold social security and Medicare taxes and report them on Schedule H.
Is my Au Pair a “resident alien” or “non-resident alien” for tax purposes?
Au Pairs are almost always “non-resident aliens”. There are two tests for residency. (1) The “green card test” I.e. Do you have a green card? Answer: probably not. There is also (2) the “substantial presence test.” Have you spent more than 183 [non-exempt] days in the United States in the past three years? Answer: probably not, because generally, time spent here under a J1 visa is considered exempt time. Most Au Pairs are here under a J1 visa (e.g. “student”) Okay, so, for tax purposes your Au Pair is a “non-resident alien”
What income counts as income for my Au Pair?
“A nonresident alien usually is subject to U.S. income tax only on U.S. source income. Meaning, even if your Au Pair has substantial wealth in their home country and is earning money somehow (from investments, perhaps), those earnings don’t count.
Does the stipend I pay my Au Pair count as income?
Yes. “All wages and any other compensation for services performed in the United States are considered to be from sources in the United States.” They are therefore subject to tax.
Is Au Pair income “connected with a trade”?
Non-resident alien income is taxed differently depending on whether or not it is “connected with a trade” The IRS answers this the following way: “If you perform personal services in the United States at any time during the tax year, you usually are considered engaged in a trade or business in the United States” So, yes, Au Pair income is considered to be “connected with a trade.”
How do I know for sure that my Au Pair should be filing for 1040NR-EZ?
There is a long checklist of things that must be true (and are almost always certainly true for the vast majority of Au Pairs.