Need to Know Tax › Questions everyone gets asked
Family rules
Kiddie tax, household employees, and foreign accounts
Three rules that arrive uninvited: money in a child’s name, the person you pay to help at home, and an account overseas. They have nothing to do with each other except that each one surprises people, and none is hard once you know the rule.
A grandparent’s gift of stock turns into a child’s tax return at the parents’ rate. The aide who comes three days a week to help with Dad turns the family into an employer. An account kept open in the old country turns into a filing with the Treasury that has nothing to do with tax. Each rule is simple once stated; each is missed because nobody expects it.
The kiddie tax
This is the rule that stopped parents from parking investments in their children’s names to use the children’s low rates. It applies to a child’s unearned income: interest, dividends, capital gains, and distributions from an inherited IRA. Wages are not touched. For 2026 the first $1,350 is not taxed, the next $1,350 is taxed at the child’s own rate, and everything over $2,700 is taxed at the parents’ rate, computed on Form 8615 on the child’s return. It covers every child under 18, and a child who is 18, or a full-time student from 19 through 23, unless the child’s own earned income paid more than half of their support.
A custodial account (UTMA or UGMA) is where it bites. Every dollar of interest, dividends and gains the account produces is the child’s income, and a growth fund held for years can throw off a large gain the year the custodian rebalances, taxed as if the parents had sold it. Giving appreciated stock to a child to sell at a low rate does not work either: the gift carries the parents’ basis, and the gain above $2,700 lands at the parents’ rate anyway. If the child’s income is only interest and dividends and totals less than $13,500, the parents may elect on Form 8814 to report it on their own return and skip the child’s. It saves a filing, but it raises the parents’ AGI and usually costs a little more.
Worked example: Ava’s custodial account
Ava is 12. Her grandparents opened a custodial account years ago; in 2026 it paid $3,000 of dividends and the custodian sold a fund for a $6,000 long-term gain. Her parents are in the 24% bracket.
| Amount | Taxed at | Tax | |
|---|---|---|---|
| Unearned income | $9,000 | ||
| First $1,350 | $1,350 | Not taxed | $0 |
| Next $1,350 | $1,350 | Ava’s rate: 10%, or 0% on the gain portion | about $70 |
| Over $2,700 | $6,300 | Parents’ rate: 15% on the gain share, 24% on the dividend share (qualified dividends at 15%) | about $950 |
| Ava’s return, Form 8615 | about $1,020 federal, plus Colorado 4.40% on $9,000 less her small standard deduction |
Rounded. Had the parents owned the account, the tax would have been about the same; the kiddie tax removes the advantage, not the money. Ava must file (unearned income over $1,350), and the Form 8814 election is not available because of the capital gain. The parents routinely do not know the account exists: the 1099 goes to the grandparent who opened it.
Household employees
If you pay someone to work in or around your home and you control how and when the work is done, that person is your employee. The IRS calls it the nanny tax; nannies are a minority of the cases. A caregiver you hired directly for an aging parent, a housekeeper on set days, and a yard worker you pay by the hour are employees. Agency staff, a cleaning company with other customers, and a contractor hired for a job are not. The test is control, whatever you both call it and whether the worker is part-time, paid in cash, or a friend of the family.
| Tax | Applies once you pay | Rate |
|---|---|---|
| Social Security and Medicare (FICA) | $3,000 in the year, to one worker; then on all of that worker’s wages | 15.3%: 7.65% withheld from the worker and 7.65% from you; many families pay both halves |
| Federal unemployment (FUTA) | $1,000 in any calendar quarter, all workers combined | 0.6% of the first $7,000 of each worker’s wages, with the state credit (verify) |
| Colorado unemployment insurance | Registration with the Department of Labor and Employment; thresholds set by CDLE (verify) | A premium rate set by the state |
| Colorado FAMLI | May apply to household employers (verify) | Shared premium |
| Federal income tax withholding | Only if the worker asks and you agree | Per the W-4 |
Exempt from FICA and FUTA: wages to your spouse, your child under 21, and in most cases your parent (with exceptions when the parent is caring for your young or disabled child), and students under 18 for whom the job is not their principal occupation. An adult child over 21 you pay to care for you is a regular household employee.
It all rides along with your own Form 1040 on Schedule H; there is no separate business return. You need a free employer ID number from the IRS, a W-2 for the worker by January 31 and a W-3 to Social Security, and the Colorado registration. The year’s FICA and FUTA are totaled on Schedule H and added to your own tax, so raise your withholding or make an estimated payment so the bill does not land all at once. The risk of ignoring it is not usually an audit. It is the day the relationship ends: the caregiver files for unemployment and the state finds no employer account, or the nanny applies for Social Security and has no earnings record. Each leads back to you, with back taxes, penalties and interest for every year.
Worked example: a caregiver three days a week
A family pays a caregiver $22 an hour, 24 hours a week, to help with a parent at home: $27,456 for the year.
| Amount | |
|---|---|
| Wages for the year | $27,456 |
| FICA, both halves, if the family pays both (15.3%) | $4,201 |
| FUTA on the first $7,000 (0.6%, verify) | $42 |
| Colorado unemployment premium (rate varies; verify) | a few hundred dollars |
| Added to the family’s Form 1040 via Schedule H | about $4,500 |
| Offsets available | The dependent care credit if the parent is the family’s dependent and cannot care for themselves (up to $3,000 of expenses, 20%–50%); the medical expense deduction for the care portion if the family itemizes |
If the family instead withholds the worker’s 7.65% from each paycheck, the family’s own cost is $2,100 of FICA plus the unemployment premiums. Paying the worker through a payroll service costs $40–$60 a month and does the W-2, the state filings and the quarterly premiums.
Foreign accounts
Every organizer asks whether you have a financial account outside the United States, or signature authority over one. If the accounts together were worth more than $10,000 at any point in the year, they must be reported on FinCEN Form 114, the FBAR, filed online with the Treasury separately from the return, by April 15 with an automatic extension to October 15 (verify). Larger holdings also go on Form 8938 with the return, at thresholds starting at $50,000 for a single filer living in the U.S. (verify). It is a reporting rule, not a tax; the income is taxed like any other and belongs on the return. The penalties for not reporting are what hurt: $10,000 or more per year for a non-willful miss (verify), far more if willful. Accounts that count include bank and brokerage accounts, foreign pensions in many cases, and an account you can sign on for a parent abroad. Foreign real estate held directly does not.
Behind the scenes
The Form 1099 for a custodial account comes in the child’s name and is mailed to whoever opened the account, often a grandparent; parents routinely do not know it exists. A preparer asks whether anyone has ever opened an account for the child and pulls the IRS wage-and-income transcript for the child’s number before the return is final. That is how the dividends nobody mentioned get found. The household question is asked the same way every year, because the answer changes when a parent moves in; and the foreign account question is asked of everyone, because the people who have one rarely think of it as a tax matter.
The Colorado side
The kiddie tax flows through: the child’s Colorado return starts from the child’s federal taxable income at 4.40%, and a Form 8814 election puts the income on the parents’ Colorado return instead. Household employers register with the Colorado Department of Labor and Employment for unemployment insurance and pay premiums on wages; the FAMLI paid-leave program may apply as well (verify). Colorado income tax withholding for a household worker is optional, like the federal. Foreign account reporting is federal only; Colorado taxes the income on the account like any other, with a credit for foreign tax paid in some cases.
What to bring your preparer
- Every 1099 in a child’s name, and the names of anyone who may have opened an account for the child
- The child’s earned income, if any, for the support test at 18 to 23
- For household workers: each worker’s name, SSN, address, and wages paid by quarter; whether you withheld the worker’s FICA; your EIN and Colorado account numbers if you have them
- For foreign accounts: each account’s institution, number, and highest balance during the year in U.S. dollars, and any foreign tax paid on its income
- For a foreign pension or employer plan: the plan documents, since treatment varies
Questions people ask
My daughter is 16 and has $800 of interest. Does she file?
No; under $1,350 of unearned income, no return and no kiddie tax. Over $1,350 she files, and over $2,700 the parents’ rate applies to the excess.
We pay a babysitter $60 a week. Are we employers?
At $3,120 a year, yes, if she works in your home on your schedule: FICA applies to all of it once the $3,000 line is crossed. A sitter who runs her own business from her home, with other clients, is not your employee.
Can I give my caregiver a 1099 instead?
Not if you control the work. The IRS and the state both treat a caregiver in your home on your schedule as an employee, and a 1099 does not change that; it just leaves the worker owing both halves of FICA and you exposed.
I have a bank account in Canada with $12,000 in it. Do I owe tax?
Only on the interest it earns, like any account. But you must file the FBAR, because the balance passed $10,000, and the penalty for skipping that is far larger than the tax on the interest.
My mother in Mexico added me to her account so I can help her. Does that count?
Yes. Signature authority over a foreign account counts for the FBAR, even if none of the money is yours. Report it; there is no tax, only the form.
Three questions every organizer asks for a reason
Does any child have an account in their name? Do you pay anyone to work in your home? Do you have an account outside the United States? A yes to any of them changes the return, and the forms involved are easier filed on time than fixed later.
Forms and official pages named in this article
- Form 8615, Tax for Certain Children Who Have Unearned Income
- Form 8814, Parents’ Election to Report Child’s Interest and Dividends
- Schedule H (Form 1040), Household Employment Taxes
- IRS Publication 926, Household Employer’s Tax Guide
- FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR), filed online
- Form 8938, Statement of Specified Foreign Financial Assets
- Colorado Department of Labor and Employment: employer registration