Sacramento, CA asked in Tax Law for California

Q: I am a nanny that’s getting paid under the table & my boss is trying to claim childcare on their taxes.

I’ve been provided with a w2 form for every nanny job I’ve worked for but when this job didn’t give me one I assumed they were paying me under the table. Now that they want to claim childcare will be both get in trouble or just me?

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2 Lawyer Answers
Paul Martin Vargas
Paul Martin Vargas
Answered
  • Tax Law Lawyer
  • Hermosa Beach, CA
  • Licensed in California

A: Hi. If you have not been claiming this income, the IRS and FTB could inquire and you may have penalties and addition to tax. Your employer will be penalized as well if the IRS and FTB find out.

D. Mathew Blackburn agrees with this answer

A: It's your responsibility to report income. Saying they didn't W2 you is not an excuse. You'll each be in trouble for your own independent violations of federal and state tax laws.

If you haven't filed yet report the income, of you have file an amendment. Or take your chances on an audit, but that's generally a bad idea.

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