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Illinois Department of Revenue

                                                                                                      January 2018
Publication 121

Illinois Income Tax Withholding for Household Employees

  The information in this publication        About this publication
  is current as of the date of the pub-      This publication is about current income tax withholding requirements for employers of 
  lication. Please visit our website at      household employees. The objectives of this publication are to identify
  tax.illinois.gov to verify you have the    •   who is a household employee,
  most current revision.                     •   who is an employer,
  This publication is written in the plain   •   if withholding Illinois Income Tax is required,
  English style so the tax information is    •   how to figure, pay, and report Illinois Income Tax that you withhold for your 
  easier to understand. As a result, we      household employee, 
  do not directly quote Illinois statutes    •   what records you should keep, and
  and the Illinois Administrative Code.      •   what forms you must give to your household employee.
  The contents of this publication are       Related publication: Internal Revenue Service, Publication 926, Household 
  informational only and do not take         Employer’s Tax Guide. Download available at www.irs.gov. 
  the place of statutes, rules, and court 
  decisions.                                 Contents
                                             Who is a household employee? ...................................................................................2
                                             Am I an employer of a household employee? ..............................................................2
                                             Do I need to withhold Illinois Income Tax? ...................................................................2
  For information or forms                   What form does my household employee need to complete for Illinois Withholding 
                                             Tax?...... . .......................................................................................................................2
Visit our website at tax.illinois.gov
                                             How do I figure the amount to withhold? ......................................................................2
Call 1 800 732-8866 or 217 782-3336        How do I report and pay the Illinois Income Tax I withhold? ........................................2
Call our TDD (telecommunications           What form must I give to my household employee about withheld amounts? ..............3
  device for the deaf) at 1 800 544-5304     What records must I keep? ...........................................................................................3
                                             What if I do not withhold the correct amount of tax or make a reporting error? ............3
  
                                             What important dates should I remember? ..................................................................3
                                             Do I owe other employment taxes? ..............................................................................3
                                             Office locations .............................................................................................................4

  Taxpayer Bill of Rights                                           Independent Tax Tribunal, or by filing a complaint in circuit 
                                                                    court.
  You have the right to call the Department of Revenue for 
  help in resolving tax problems.                                   If you have overpaid your taxes, you have the right, within 
                                                                    specified time periods, to a credit (or, in some cases, a 
  You have the right to privacy and confidentiality under most      refund) of that overpayment.
  tax laws.
                                                                    For more information about these rights and other depart-
  You have the right to respond, within specified time periods,     ment procedures, you may write us at the following address:
  to Department notices by asking questions, paying the 
  amount due, or providing proof to refute the Department’s         Problems Resolution Office                          
  findings.                                                         Illinois Department of Revenue                      
                                                                    PO Box 19014
  You have the right to appeal Department decisions, in             Springfield, IL  62794-9014
  many instances, within specified time periods, by asking 
  for Department review, by filing a petition with the Illinois 

Get Illinois Department of Revenue forms and information at tax.illinois.gov

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                                                                    Withholding Illinois Income Tax for Household Employees

Who is a household                      What form does my                        Caution: If you complete the line for 
                                                                                 “Household employment tax” on your 
employee?                               household employee need 
                                                                                 Form IL-1040,  
A household employee is someone you     to complete for Illinois 
                                                                                  do not report household employee 
pay to do domestic work in or around 
                                        withholding tax?                            Illinois withholding income tax on 
your home. For example, a household 
                                        Your household employee must                Form IL-941, Illinois Withholding 
employee could be a babysitter, 
                                        complete Form IL-W-4, Employee’s            Income Tax Return. 
caretaker, cleaning person, driver, 
health aide, housekeeper, nanny,        Illinois Withholding Allowance            do not pay household employee 
private nurse, or yard worker. This     Certificate and Instructions. Your          Illinois withholding income tax with 
person can be a full-time or part-time  employee will tell you the number of        Form IL-501, Payment Coupon, 
employee who you pay hourly, daily,     allowances he or she is entitled to         for Illinois Withholding Income Tax 
weekly, or by the job.                  claim on this form. You should withhold     Return. 
                                        Illinois Income Tax from his or her 
    We define a household employee      wages based, in part, on the number of       Forms W-2 reporting income 
the same as the Internal Revenue        allowances claimed. If your employee     and withholding for household 
Service (IRS). For more information,    does not complete this form, you         employees reported on Form IL-1040 
visit www.irs.gov and refer to IRS      should withhold income tax as if the     are not subject to the electronic filing 
Publication 926.                        employee is single with no allowances.   mandate. 
                                                                                 If you already file Form IL-941 only 
Am I an employer of a                   How do I figure the amount               to report household employee income 
household employee?                     to withhold?                             tax withholding and you would like to 
You are the employer of a household     Go to Booklet IL-700-T, Illinois         convert to the annual Form IL-1040 
employee if you                         Withholding Tax Tables, to determine     reporting option for the next calendar 
                                        how much tax to withhold.                year, you must notify us that you will 
control what work is done, and
                                                                                 no longer be reporting withholding on 
control how the work is done (e.g.,                                            Form IL-941. If you do not, you may 
  provide the necessary equipment,          Automated payroll method             be subject to penalties and collection 
  supplies, or tools to do the job).                allowance table              action. You may use MyTax Illinois 
The worker is not your employee if          Payroll periods       Number         or call 217 785-3707 to update your 
                                            Weekly                         52    Illinois Withholding Income Tax 
the worker controls how the work is 
                                            Bi-weekly                      26    account. 
  done. This person usually provides 
  his or her own tools and offers           Semi-monthly                   24    If you do not report Illinois withholding 
  services to the general public in an      Monthly                        12    for household employees on Form 
  independent business.                     Bi-monthly                       6   IL-1040, you must use Form IL-941 
                                            Quarterly                        4   to file your withholding tax. For more 
an agency provides the worker and 
                                            Semi-annually                    2   information, see Publication 130, Who 
  controls what work is done and how 
                                            Annually                         1   is Required to Withhold Illinois Income 
  it is done.
                                                                                 Tax, and Publication 131, Withholding 
Do I need to withhold                                                            Income Tax Payment and Filing 
                                        How do I report and pay                  Requirements.
Illinois Income Tax?                    the Illinois income tax I 
Generally, you must withhold Illinois 
                                        withhold?
Income Tax for your Illinois employee if
                                        If you withhold Illinois Income Taxes 
you withhold federal income tax       from your household employee(s), 
  from your employee’s wages, or        you may file and pay the Illinois 
you and your employee enter into      withholding income tax annually on 
  a voluntary withholding agreement.    Form IL-1040, Illinois Individual Income 
    Federal law excludes from           Tax Return, by completing the line 
withholding, wages paid to certain      for “Household employment tax.   No 
types of household employees. We        registration is required to use this 
do not require a separate agreement     option. We encourage you to file and 
for payments covered by a federal       pay electronically using MyTax Illinois 
voluntary withholding agreement.        at tax.illinois.gov.
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                                                                                                                    Withholding Illinois Income Tax for Household Employees

What form must I give to                                                                 Employee Withholding Allowance          December 1, current year — You 
my household employee                                                                      Certificate (federal Form W-4)          should remind your household 
about withheld amounts?                                                                  Employee’s Illinois Withholding         employee to review his or her current 
                                                                                           Allowance Certificate (Form             Form IL-W-4. If there has been a 
Before January 31 of each year, you                                                                                                change in the number of allowances, 
                                                                                           IL-W-4)
must give your household employee                                                                                                  he or she should complete a new Form 
three copies of federal Form W-2,                                                           You must keep these records for        IL-W-4 for the following calendar year, 
Wage and Tax Statement. Do not                                                           three years from the due date of the      and make necessary changes in the 
send this form to us. Instead, keep                                                      return or the date the return was filed,  number of allowances claimed.
a copy of it in your records for three                                                   whichever is later, and provide them 
years and send it to us only if we                                                       to us if we request them. These forms     January 31, following year — You 
request it.                                                                              are not subject to the W-2 electronic     must give each of your household 
                                                                                         filing mandate, unless you report your    employees three copies of federal 
If your employee permanently                                                                                                       Form W-2 for wages paid and tax 
                                                                                         withholding on Form IL-941.
discontinues employment before                                                                                                     withheld during the previous calendar 
the close of the calendar year, or                                                                                                 year. If you file Form IL-941, you 
                                                                                         What if I do not withhold 
you terminate a federal voluntary                                                                                                  must electronically file a copy to the 
withholding agreement, you may                                                           the correct amount of tax 
                                                                                                                                   Department, of any Form W-2 issued. 
give the employee a completed                                                            or make a reporting error?                For more information, see Publication 
federal Form W-2 at any time after                                                       If you discover that you withheld an      110, Forms W-2, W-2c, W-2G, and 
employment ends, but it must be                                                          incorrect amount of Illinois Income Tax   1099 Filing and Storage Requirements 
mailed by no later than January 31. If                                                   from an employee’s compensation and       for Employers and Payers.
an employee asks for Form W-2, give                                                      it is during the same calendar year,      April 15, following year —You must 
the employee the completed copies                                                        you should correct the error by making    file Form IL-1040 and pay the tax you 
within 30 days of the request or within                                                  an adjustment in the amount you           withheld from each of your household 
30 days of the final wage payment,                                                       withhold from that employee’s future      employee’s wages during the previous 
whichever is later.                                                                      compensation during that calendar         calendar year.
You must keep any undeliverable                                                          year. 
                                                                                                                                     If you file Form IL-941 to report 
Form W-2 for at least three years after                                                  If you withheld too much tax and 
                                                                                                                                   household employee withholding, 
the date you were required to give the                                                   cannot correct the error by reducing 
                                                                                                                                   you must file and pay according to 
form to your employee.                                                                   the employee’s withholding during 
                                                                                                                                   the schedule assigned to you by the 
                                                                                         the remainder of the year, you may 
                                                                                                                                   Department.
What records must I keep?                                                                not claim a refund. Your employees 
You must maintain a current and                                                          will claim a credit for the amount you    Do I owe other 
accurate record of all persons for                                                       withheld and receive any refund. If you 
whom you withhold Illinois Income                                                        withheld too little tax, your employee    employment taxes?
Tax. Your records must contain the                                                       may owe tax when he or she files his      You should check with the Illinois 
following information:                                                                   or her returns, or will receive a smaller Department of Employment Security 
                                                                                         refund.                                   (IDES) for more information about 
amounts and dates of all payments 
  from which you withhold tax                                                            If you reported more tax than you         unemployment insurance contributions 
                                                                                         actually withheld on your original        for employers. Visit ides.illinois.gov 
names, addresses, and Social                                                           return, you must file an amended          or call the IDES Employer Hotline at 
  Security numbers of persons                                                            return.                                   (800) 247-4984. 
  receiving payments 
                                                                                                                                   You also may owe federal taxes. 
periods of employment, including                                                       What important dates                      Refer to IRS Publication 926 for more 
  periods in which wages were paid                                                                                                 information. Visit www.irs.gov or call 
                                                                                         should I remember?
  while absent due to sickness or                                                                                                  1 800 829-3676.
  injury                                                                                 January 1,current year (or as 
                                                                                         soon as you and your household 
amounts paid by pay period
                                                                                         employee enter into an agreement 
copies of all federal W-2 forms                                                        to withhold) — You need to have your 
  issued to household employees                                                          household employee complete Form 
                                                                                         IL-W-4.  

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                                                                     Withholding Illinois Income Tax for Household Employees

Office Locations

                                          Suburban North Regional Building
                                          9511 Harrison Street FA 203
                                          Des Plaines, Illinois 60016-1563

            200 South Wyman Street
            Rockford, Illinois 61101-1237                                               James R. Thompson Center
                                                                                        100 West Randolph Street
                                                                                        Chicago, Illinois 60601-3274

                                                                                        Willard Ice Building
                                                                                        101 West Jefferson
                                                                                        Springfield, Illinois 62702-5145

15 Executive Drive
Business Center One, Suite 2
Fairview Heights, Illinois 62208-1331

                    2309 W. Main, Suite 114
                    Marion, Illinois 62959-1196

Contact Information Visit our website at tax.illinois.gov. For specific phone number and email contacts, see our 
                         Contact Us page. 
                    Call us at 1 800 732-8866 or 217 782-3336.
                    Call our TDD (telecommunications device for the deaf) at 1 800 544-5304.
                    Write us at Illinois Department of Revenue, PO Box 19001, Springfield, IL  62794-9001.
                    Call our 24-hour Forms Order Line at 1 800 356-6302. 

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