Your household employees are necessary and helpful, but they present a risk, be it from accidents, reckless behavior, or bad intentions. While there is no way to minimize the concerns entirely, establishing clear communication, crisp policies, and appropriate checks and balances can prevent, or at least decrease most issues. We’ve created a checklist of important steps to head off problems with domestic employees.
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In December of 2017, the U.S. Tax Court decided in the Lender Management, LLC v. Commissioner case that deductions that were part of a taxpayer’s trade or business were deductible under Section 162; however, deductions under Section 212 were suspended through tax year 2025. Following the suspension of the 2-percent miscellaneous itemized deductions, family offices should consider whether entity restructuring will enable them to deduct expenses under Section 162, rather than under Section 212.
Hiring domestic staff such as nannies, personal assistants, and housekeepers can expose you to liability issues and danger from unscrupulous employees. It is important to understand your areas of vulnerability and take steps to protect your family and your finances. Whether you hire your own employees or the family office hires them, three often overlooked areas which can create liability for high-net-worth families are insurance coverage, background checks, and employment documentation.