household employee without knowing the employee's info

This taxpayer had a cleaning lady who should've been treated as a household employee in the past. He wants to amend his individual returns with Sch H attached. The cleaning lady is refusing to give him her social, address, etc. The taxpayer lives in NY.

I advised him that he needs to get the lady's info and file state payroll returns, file W2, then amend his individual returns with Sch H but to do that, he needs to get the lady's social and other info. He wants to know if there is a way to rectify this situation without knowing the lady's social. I said probably not but I'd look into it.

Is there a way to deal with this situation without having the cleaning lady's social?

https://www.irs.gov/pub/irs-wd/01-0293.pdf

Short answer: not really.

Even if he had the SSN info, the penalties for late W-2s are much higher now than shown in the document linked in the previous post. Plus, an I-9 form should also be (have been) obtained, to prove eligibility to work in the U.S. The fee for your work, the interest/penalties from fed and state, and needing to gross up the income to include the employee's share of FICA that he will have to pay, all will probably add up to more than the actual tax he should have paid. Not to mention that making these filings would also cause grief for the worker, again even if he did have the SSN.

How many years back, how much pay per year? And how did he come to the conclusion that he mis-classified this worker? While it's refreshing that a taxpayer wants to do the right thing, in this case it's so bizarre, I wonder if there isn't some ulterior motive?

Short answer: not really.

Even if he had the SSN info, the penalties for late W-2s are much higher now than shown in the document linked in the previous post. Plus, an I-9 form should also be (have been) obtained, to prove eligibility to work in the U.S. The fee for your work, the interest/penalties from fed and state, and needing to gross up the income to include the employee's share of FICA that he will have to pay, all will probably add up to more than the actual tax he should have paid. Not to mention that making these filings would also cause grief for the worker, again even if he did have the SSN.

How many years back, how much pay per year? And how did he come to the conclusion that he mis-classified this worker? While it's refreshing that a taxpayer wants to do the right thing, in this case it's so bizarre, I wonder if there isn't some ulterior motive?

I would point to "Makbo" that here in the Washington DC area - Millions of Federal Employees (and Federal Contractors) are required to maintain "Security Clearances"; necessary for their continued employment and retirement qualification.
All must swear under the Penalties of Perjury - that they owe "no federal tax obligation, at all". If they know of a violation they are required to report it to their Security Officer. This Taxpayer may well be undergoing financial scrutiny undisclosed to the OP.

This Taxpayer may well be undergoing financial scrutiny undisclosed to the OP.

Yes, that would be an example of an ulterior motive.

Our OP seems to be missing in action, so we still don't know whether a true mis-classification actually exists. It's not something the typical taxpayer is going to reliably determine on their own in borderline cases.

Yes, that would be an example of an ulterior motive.
. Yes, if undisclosed "by" OP, as opposed to "to" OP.

Our OP seems to be missing in action, .... Yes, in that he has not posted again, but he has seen posts through #4.

Thank you all for the replies. As far as I know, the taxpayer does not have an ulterior motive.