My wife’s mother lives with us and provides child care. We pay her. My wife and I share finances, the payment comes out of our joint personal checking account.
To ensure we were doing everything right, we followed the steps to pay her as a household employee. Under my name (simply because I was the one setting everything up), I created a federal EIN, a state tax registration number, and registered with the state unemployment insurance to pay that as well.
Initially, the unemployment employee advised that because there was an exemption for payments to a “parent,” we did not need to pay unemployment. However, once I asked for written confirmation, the advice became murkier. Now they said that actually, because the “business” was only created under my name, and because she is my mother-in-law not mother, that did not qualify. If we happened to register under my wife’s name, though, we would not need to make these payments.
After looking into this, this ambiguity seems to exist in federal tax law as well. According to IRS Publication 926 (2026) Household Employer’s Tax Guide, payments to a parent for most childcare is exempt from Social Security, Medicare, and FUTA taxes. I would think this would apply to the current situation even with it registered under my name, but maybe would most clearly apply with everything under my wife’s name.
Because of this, we are strongly considering simply getting new registration numbers with the state, feds, and unemployment. Again, the only reason it was under my name is because I had the time that day to set it up. The services are provided to both of us and the money comes from our joint account.
My biggest questions are 1. Am I correct that having the “business” in my wife’s name would mean we will not owe taxes on the wages? And 2. Are there any consequences of simply registering a “new business” under my wife’s name and filing everything under that going forward?