Placement agency, staffing agency, or direct hire: who is the employer for tax purposes
Families looking for senior household staff often work through an agency. The word "agency" covers very different arrangements. Some agencies find a candidate, collect a fee, and step away. Others employ the worker and bill the family for the hours. The difference decides who files payroll returns, who issues the W-2, and who the IRS and the state look to if taxes go unpaid. This post covers how the main agency arrangements are treated for tax purposes, what the household should get in writing, and the records each arrangement needs. It does not evaluate or recommend any agency, and it is not advice on how to search for or select staff. Contracts with agencies are a matter for counsel. The question the IRS asks For a household worker, the IRS asks who controls what work is done and how it is done. IRS Publication 926 addresses agencies directly: if an agency provides the worker and controls what work is done and how it is done, the worker is not your employee. If the fami...