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Virginia Fact Sheet Household Tax Compliance Tips


HOMEWORK SOLUTIONS IS HERE TO HELP!

 

Payroll tax compliance for your new employee does not need to be terrifying, time consuming or expensive. HomeWork Solutions is a nationally recognized “household payroll” service company, providing household employers nationwide with trusted and time saving payroll and payroll tax solutions.

 

WORKER CLASSIFICATION IS THE KEY

 

You become a household employer when you hire an individual to perform duties and provide services under your direction in your private home. Generally, these workers are your employees, not independent contractors. Failure to properly classify the worker and make the appropriate employment tax filings and payments is considered tax fraud by the IRS.

 

PAYROLL TAX RESPONSIBILITIES

You are responsible for federal employment taxes when you pay household workers as little as $1,000 in a calendar quarter or when you pay any individual employee age 18 or over $2,700 in a calendar year.

You have both Federal and State tax filing responsibilities. Federal employment taxes are reconciled with the household employer’s annual Federal Income tax return. Your state may require quarterly unemployment tax filings, as well as reports and remittance of state income taxes withheld, if applicable. Employee wages are reported to the Social Security Administration. Your employee is due a W-2 form in January.

Social Security and Medicare Taxes

The household employer is responsible for the payment of all Social Security and Medicare taxes to the IRS. You may choose to either collect your employee’s taxes via payroll deductions or fund these taxes yourself.

Unemployment Taxes

You will make contributions to the IRS and Virginia to fund unemployment and worker re-training programs.

Income Taxes

Federal and state income taxes are ultimately the responsibility of the household employee; however, best practice is to deduct these taxes from your full time employee’s wages to help them avoid owing large sums when they file their annual income tax returns.

OTHER LEGAL RESPONSIBILITIES

Verification of Work Eligibility

All U.S. employers are required to verify a candidate’s employment eligibility using Form I-9.

Fair Labor Standards Act (FLSA) Compliance

Maintain accurate and contemporaneous records including time tracking, gross pay calculations, and detailed records of all deductions from the employee paycheck.

Pay no less than minimum wage on an hourly rate basis.

Health Insurance

You are not required to provide employee health insurance, however there are financial and retention advantages to contributing some or all of your employee’s health insurance premium. HWS is happy to discuss this with you.

VIRGINIA LABOR LAWS

Minimum Wage

Virginia minimum wage is currently $12.00/hour. 

Virginia defers to the FLSA, which requires that all domestics, excluding companions, be paid at no less than the greater of the state or federal minimum wage for all hours worked.

Overtime Pay

Virginia defers to the FLSA.

All live-out workers are to be paid an overtime differential of 1.5 times the hourly wage for hours over 40 in a work week. Overtime or premium pay is not required for hours worked in excess of 8 per day or on weekends or holidays.

Paid Time Off

Virginia does not mandate any paid time off for non-exempt workers.

Mileage Reimbursement

The federal government establishes and updates a maximum rate for non-taxable mileage reimbursement each year.  The current rate is $0.67 per mile.

Payroll Frequency

Virginia allows you to pay your household worker daily, weekly, bi-weekly or semi-monthly, but does not permit monthly pay cycles. Pay upon separation is due on the next scheduled pay date.

Payroll Documentation

You must, when requested, furnish an employee with a written statement of the gross wages earned by the employee during any pay period and the amount and purpose of any deductions.

You must advise an employee of any change to his or her wage rate before the hours are worked.

Upon separation, the employee must receive all wages due on or before the date when wages would normally have been given for the work.

Employment Contract Requirements

Virginia does not require a written employment agreement. However, a free sample work agreement can be found here.

Workers’ Compensation Insurance

Virginia does not require household employers to obtain Workers’ Compensation Insurance. However, HWS ALWAYS recommends obtaining a Workers Compensation Insurance policy for the protection it provides in the event of a work-related injury sustained by your employee. A policy can usually be obtained easily and cost effectively by contacting your Homeowner’s or Renter’s Insurance provider. HWS can help you obtain this insurance through our insurance partner (just give us a call).

State Unemployment Insurance

In Virginia, there is a new employer state unemployment insurance tax of 2.5% on the first $8,000 of wages for each employee. If you have previous employees, you may be subject to a different rate.

Frequency of Tax Filings

You may have the option of reporting and paying the Virginia income tax withheld from your employees on an annual basis. HWS recommends filing quarterly.

HWS WILL HELP YOU DO THE RIGHT THING

 

HWS knows that most families want to pay their household employees legally and ensure that the employee receives workers compensation and unemployment insurance protections. You also want to establish a principled relationship with your employee who is caring for and interacting with precious family members. Getting the relationship started on the right footing, including complying with legal and tax formalities, helps set the tone for the relationship.

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