Au Pair Tax Rules: FICA, Schedule H, and Host Family Credits

Au pair tax rules treat the host family as a household employer and the au pair as a household employee, which means the family owes some employer taxes and paperwork while the au pair almost always owes federal income tax on the weekly stipend. Most J-1 au pairs are exempt from Social Security and Medicare tax during their program, and the family is not required to withhold federal income tax from their pay. But the family still needs an employer identification number, still files Schedule H with their Form 1040, and still issues a W-2. The au pair, in turn, files Form 1040-NR and generally pays the tax themselves, either through voluntary withholding or quarterly estimated payments.

Why the Au Pair Is a Household Employee

The IRS classifies an au pair as a household employee because the host family controls how, when, and where the childcare gets done.1Internal Revenue Service. Hiring Household Employees The family sets the schedule, chooses the duties, and the work happens inside the family’s home. That level of control defines employment, regardless of whether an agency did the placement.2Internal Revenue Service. Au Pairs

The practical consequence: families cannot treat the stipend as a gift, a room-and-board reimbursement, or an independent contractor fee. It is wages, and the family is the employer.2Internal Revenue Service. Au Pairs

Social Security and Medicare (FICA)

Most au pairs arrive as nonresident aliens on J-1 visas, and their wages are exempt from Social Security and Medicare tax while they hold that status.3Office of the Law Revision Counsel. 26 USC 3121 – Definitions The exemption covers work performed to carry out the purpose of the J-1 program itself.4eCFR. 26 CFR 31.3121(b)(19)-1 – Services of Certain Nonresident Aliens While the exemption applies, the family withholds no 6.2% Social Security tax and no 1.45% Medicare tax, and pays no employer match.5Internal Revenue Service. Topic No. 751, Social Security and Medicare Withholding Rates

The nonresident window generally lasts two calendar years. Au pairs count as “exempt individuals” for the substantial presence test, so they can exclude their U.S. days for up to two calendar years within a six-year window.6Office of the Law Revision Counsel. 26 USC 7701 – Definitions Because standard programs run one year with one possible extension, most au pairs leave before that window closes and never owe FICA.

If an au pair stays into a third calendar year and crosses the 183-day substantial presence threshold, they become a resident alien for tax purposes.7Internal Revenue Service. Taxation of Alien Individuals by Immigration Status – J-1 From that point, the family must withhold the combined 7.65% FICA rate and pay the matching 7.65%.5Internal Revenue Service. Topic No. 751, Social Security and Medicare Withholding Rates Even then, FICA only applies if you pay $3,000 or more in cash wages during the calendar year.8Internal Revenue Service. Publication 926 – Household Employer’s Tax Guide At the standard weekly stipend of roughly $195.75, a full program year clears that threshold easily.

Federal Income Tax: Withholding Is Optional

Because au pair wages are paid for domestic service in a private home, the family is not required to withhold federal income tax.2Internal Revenue Service. Au Pairs Withholding happens only if both sides agree to it.8Internal Revenue Service. Publication 926 – Household Employer’s Tax Guide

To set up voluntary withholding, the au pair gives the family a completed Form W-4 and a written statement asking for a specific amount to be withheld each week.2Internal Revenue Service. Au Pairs Either party can end the arrangement in writing. Any amounts withheld are reported and paid through Schedule H.

Withholding or not, the au pair still owes income tax on the wages. Voluntary withholding just spreads the bill across the year instead of leaving a lump sum at filing time.

The Au Pair’s Own Tax Return

Most au pairs file Form 1040-NR, the nonresident alien return, to report their wages. The IRS recommends either arranging voluntary withholding with the host family or making quarterly estimated payments using Form 1040-ES(NR).2Internal Revenue Service. Au Pairs

Estimated payments matter because nonresident aliens generally cannot claim the standard deduction.2Internal Revenue Service. Au Pairs An au pair earning $195.75 a week takes in roughly $10,179 for the year, and without the standard deduction, most of that income is taxable. The tax bill lands squarely on the au pair, and it is worth flagging early in the program.

What Counts as Wages

The weekly cash stipend is clearly wages. Room and board are not: meals and lodging provided at the family’s home for the employer’s convenience are excluded from gross income.8Internal Revenue Service. Publication 926 – Household Employer’s Tax Guide Live-in childcare fits that description in almost every case, so the bedroom and meals do not appear on the W-2.

The $500 education stipend is less clear. The IRS describes it as part of the program but does not carve it out as a separate non-taxable benefit.2Internal Revenue Service. Au Pairs Because the full stipend is treated as wages, the safest default is to include the education amount as taxable unless a tax professional says otherwise for your specific facts.

Federal Unemployment Tax

If you pay $1,000 or more in cash wages to household employees in any single calendar quarter, you owe federal unemployment tax.9Internal Revenue Service. Topic No. 756, Employment Taxes for Household Employees At the standard au pair stipend, you cross that line during the first quarter. FUTA is an employer-only cost; nothing comes out of the au pair’s pay.

The rate is 6% on the first $7,000 of wages, but most employers get a 5.4% credit for state unemployment taxes, leaving a net federal rate of 0.6%.10Internal Revenue Service. FUTA Credit Reduction That works out to about $42 a year on $7,000 in wages. Some states with outstanding federal unemployment loans have a reduced credit, so check whether yours is affected. A parallel FUTA exemption exists for nonresident J-1 visa holders performing program-related work, so families hosting a long-term au pair who has become a resident alien should confirm the analysis with a tax professional.

Setting Up as a Household Employer

You need an EIN to file Schedule H. Apply online through the IRS or submit Form SS-4 by fax or mail; the online application issues an EIN immediately.11Internal Revenue Service. About Form SS-4, Application for Employer Identification Number Do this before your au pair arrives so you are not scrambling at tax time.12Internal Revenue Service. Instructions for Schedule H

The au pair needs a taxpayer ID number, either a Social Security Number from the SSA or, if an SSN is unavailable, an ITIN obtained by filing Form W-7.13Internal Revenue Service. About Form W-7, Application for IRS Individual Taxpayer Identification Number You need that number to complete the W-2 at year-end.

Filing Schedule H and the W-2

Schedule H attaches to your Form 1040, and any household employment taxes flow into your overall tax liability. Voluntarily withheld income tax gets reported there too.12Internal Revenue Service. Instructions for Schedule H

You also issue Form W-2 to the au pair. The general deadline is January 31 after the tax year, shifting to the next business day when January 31 falls on a weekend.14Social Security Administration. Deadline Dates to File W-2s For the 2026 tax year, the deadline is February 1, 2027.15Internal Revenue Service. General Instructions for Forms W-2 and W-3 Total cash wages go in Box 1, any withheld income tax in Box 2, and Social Security wages and taxes in Boxes 3 and 4 only if FICA applied. Copy A goes to the Social Security Administration on paper or through the SSA’s Business Services Online portal.

Childcare Tax Benefits for Host Families

The Child and Dependent Care Credit lets you claim a percentage of qualifying childcare expenses paid so you and your spouse could work or look for work.16Internal Revenue Service. Child and Dependent Care Credit Information The maximum qualifying expenses are $3,000 for one child under 13 and $6,000 for two or more.17Internal Revenue Service. Instructions for Form 2441 You claim it on Form 2441, which asks for the au pair’s name, address, and SSN or ITIN.

Only the childcare portion of what you spend counts. The IRS excludes food, lodging, clothing, education, and entertainment from qualifying care expenses, so in practice the qualifying amount is the cash stipend paid for childcare hours.16Internal Revenue Service. Child and Dependent Care Credit Information

If your employer offers a dependent care flexible spending account, au pair wages generally qualify. You can exclude up to $5,000 per year through such a plan ($2,500 if married filing separately).17Internal Revenue Service. Instructions for Form 2441 Expenses reimbursed through the FSA reduce the amount eligible for the credit, so you cannot claim both on the same dollars.

Penalties for Late or Missing Filings

The IRS charges per-return penalties for information returns filed late or incorrectly:18Internal Revenue Service. Information Return Penalties

  • Up to 30 days late: $60 per return
  • 31 days late through August 1: $130 per return
  • After August 1, or not filed: $340 per return
  • Intentional disregard: $680 per return, with no cap

Interest accrues on unpaid penalties.18Internal Revenue Service. Information Return Penalties Penalties apply separately for failing to file with the SSA and for failing to furnish the W-2 to the au pair, so a single missed W-2 can trigger two tracks.

Records to Keep

Keep employment tax records for at least four years after the later of the return due date or the date you actually paid the tax.8Internal Revenue Service. Publication 926 – Household Employer’s Tax Guide That covers W-2 copies, Schedule H, any Form W-4 the au pair signed, records of each weekly payment, and any voluntary withholding documentation. If you claimed the Child and Dependent Care Credit, keep the receipts and Form 2441 the same length of time.

A running spreadsheet of date paid, amount, and any tax withheld each week gives you everything you need for Schedule H and the W-2 without reconstructing the year from memory.19Internal Revenue Service. How Long Should I Keep Records