ROFL....so glad to see the accountants here.
We actually just talked to our accountant, and none of these answers are correct. I highly recommend you talk to an accountant. Her reporting income has nothing to do with your deduction. Moreover the use of the term "nanny" is troubling.
According to the IRS, whether YOU pay her income taxes (withholdings) or she does depends upon whether she is an employee or an independent contractor. Employee - you pay. Contractor - their responsibility.
There are no clear definitions as each situation is different. But some broad guidelines
- works full time - employee
- works in your home - employee
- receives all or majority of her income from one source, you - employee
- babysitting - contractor
(you can also google contractor versus employee for more info)
So I see "nanny", but I think you mean your summer child care provider. If the provider was working for several families (much like a daycare), then that seems to lean towards contractor (which is not a nanny).
Again, I am not offering legal, accounting or tax advice. I highly recommend that you call up a qualified professional and seek their advice.