Nanny Expenses

[Kurly]

Situation: Nanny hired to be full time 24 hours a day 5 days a week. Small apartment in home was for her use. She had to provide kitchen supplies, bedding and a small referator, her own food. She was there less than a year. They did not give her a w-2 or 1099-misc. Can she claim the expenses on a schedule C? How about living away from her tax home for 10 months? Like travel expense, per diem for meals etc. She kept a log as to what they paid her and when.

Hope this question makes since.

Thanks

Kurly

[Burke]

Sounds like she was an employee, unless she was hiring herself out to others at the same time. Unlikely, given the facts. The items you mention are living expenses, not sure if the temp job away from home would qualify for tvl, or per diem..... maybe.....since less than a year. Think she will have to file substitute W-2 and claim as 2106 anyway. Is it enough?

[Gary2]

It sounds like they owe her a W-2.

While it's possible to be away from the tax home for 10 months, there isn't enough info here to conclude that's a correct analysis.

[ATSMAN]

I would not try the Sch C route because she only worked for that one family living at the location. File a paper return and state W2 was not received. If she has the employer's ss# she could report that as well and get them in trouble!