Indiana Employer Guide

Indiana Household Employer Guide 2026

Your household employee — a nanny, caregiver, housekeeper, or anyone who works in your Indiana home — is a W-2 employee. Indiana household payroll includes state and county income-tax withholding from day one, Indiana DWD unemployment filings, Form WH-4 at hire, and annual WH-3 reconciliation. There is no statewide paid leave and no PFML.

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Updated May 2026 · Verified against Indiana Department of Revenue, Indiana Department of Workforce Development, Indiana Workers’ Compensation Board, and IRS
State Income Tax2.95%
County TaxAll counties
Minimum Wage$7.25/hr
UI Rate2.5%
Paid LeaveNot required
Indiana's distinguishing feature is county income tax. Indiana has a flat 2.95% state income tax in 2026, plus a county income tax in every county. The county rate is generally based on the employee's county of residence as of January 1, not the household work location. Indiana has no PFML, no statewide paid sick leave, and no local minimum wage.
Your household worker is a W-2 employee. Most household workers are employees under IRS rules, not contractors. If you control when, where, and how the work is done, they are generally your W-2 employee. Issuing a 1099 in this situation can lead to back tax penalties, interest, and wage-law liability.

When the rules apply

Indiana household employers mainly need to watch the federal payroll thresholds, Indiana state/county withholding from day one, and the $1,000 quarterly Indiana unemployment threshold:

2026 Thresholds
$3,000
Federal · 2026
Triggers Social Security and Medicare taxes (FICA) and W-2/W-3 reporting.
$1,000
Federal/quarter
Triggers federal unemployment tax (FUTA) and Indiana Department of Workforce Development registration.
$1,000
State/quarter
Cash wages to all household employees combined in any calendar quarter. Triggers Indiana DWD registration and employer-paid UI contributions.

How Nest Payroll handles this

Each pay period, you pay your employee the net amount directly — through Venmo, Cash App, Zelle, your banking app, or by check. Nest generates the pay stub, calculates payroll taxes, withholds Indiana state and county tax, and registers you with Indiana DWD once the $1,000 quarterly threshold applies.

Federal taxes — quarterly EFTPS payments

At the end of each federal quarter, Nest debits your bank account for federal taxes owed and remits them to the IRS via EFTPS. At year-end, Schedule H on your Form 1040 reconciles those household payroll taxes.

Indiana state taxes — WH-1, UC-1, and WH-3

Indiana state and county withholding runs through Form WH-1. Employer-paid unemployment is filed with Indiana DWD on Form UC-1. At year-end, Indiana withholding is reconciled on Form WH-3.

Indiana UI tax: New household employers generally pay 2.5% on the first $9,500 of each employee's wages. This is employer-paid and not withheld from your employee. Nest calculates and remits this with quarterly UC-1 filings once registration applies. Source: Indiana Department of Workforce Development
Indiana state income tax: Indiana applies a flat 2.95% personal income tax in 2026. Indiana is a standard-withholding state, so state withholding applies from the first paycheck. The employee should complete Form WH-4 at hire. Source: Indiana DOR Departmental Notice #1
Indiana county income tax: County tax applies in all 92 counties and is withheld with state tax. The rate is generally based on the employee's county of residence as of January 1. Form WH-4 captures both county of residence and county of principal employment. Verify rates at the Indiana DOR County Tax Rates page.

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Setup checklist (before they start)

Indiana Workers' Compensation Insurance — voluntary for households

Indiana generally excludes domestic service performed in a private home from mandatory workers' compensation coverage. Most household employers are not required to carry workers' comp for a household employee.

Voluntary coverage is still worth considering. Workers' comp can protect you if your employee is injured on the job and gives the employee a predictable benefits path without a lawsuit.

Without coverage: An injured household worker may be able to sue you directly for workplace injury costs. Talk to your insurance agent about whether your homeowner's or umbrella policy covers domestic-employee injuries.

Form I-9 (Employment Eligibility)

Have your employee complete the Form I-9 at hire to verify they're authorized to work in the United States. You don't submit this anywhere — keep it filed in case of audit.

Federal W-4 and Indiana Form WH-4

The federal W-4 determines federal income tax withholding if you and your employee agree to withhold it. Indiana also requires Form WH-4 at hire for state and county withholding.

Form WH-4 is important because it captures the employee's county of residence and county of principal employment, which drives Indiana county tax withholding.

Withholding note: Federal income tax withholding is voluntary for household employers and requires agreement with your employee. Indiana state and county income tax withholding follows standard Indiana payroll rules.

Indiana New Hire Reporting

Report new hires to the Indiana New Hire Reporting Center within 20 days of the start date. You can file online at the link above. Federal law requires this; Indiana penalty for failure is up to $25 per missed report.

Required Employment Posters

Even with a single household employee, IN requires the following workplace posters (or equivalent notification, since your home isn't a typical workplace):

  • Federal posters: FLSA, FMLA, EEO, USERRA, Polygraph Protection
  • Indiana Minimum Wage poster (Indiana DWD — required posters)
  • Indiana Unemployment Insurance for Employees poster
  • Indiana Workers' Compensation poster (if voluntary coverage purchased)

For a household setting, a single binder kept in a common area satisfies the posting obligation in most cases.

Written Work Agreement

Indiana does not require a written employment agreement, but it's strongly recommended. A clear written agreement reduces misunderstandings and protects both parties when situations come up that you didn't anticipate.

Use our free nanny contract template as a starting point — it covers compensation, hours, duties, vacation, sick time, confidentiality, and at-will employment language.

Pay & compensation

Minimum Wage — federal floor of $7.25/hr

Indiana’s minimum wage is $7.25/hr (Indiana Code § 22-2-2-4) — matching the federal floor. There are no local city or county minimum wages in Indiana (state law preempts local wage ordinances). In practice, household-employer market rates are generally well above this; nanny pay in Indianapolis, Fort Wayne, Evansville, and South Bend typically ranges from $15–$22/hr depending on experience and responsibilities.

Overtime — 1.5× regular pay over 40hr/week

Federal Fair Labor Standards Act (FLSA) overtime rules apply: live-out household employees get 1.5× their regular hourly rate for any hours over 40 in a workweek. Live-in household employees are exempt from federal OT (FLSA exemption for live-in domestic workers), and Indiana has no state OT requirement that overrides this.

Indiana Overtime Rules
Worker typeOT triggerRate
Live-out (most nannies, housekeepers, caregivers)Over 40 hr/week1.5× regular
Live-inFLSA-exempt — no OT required1.0× regular

"No Tax on Overtime" Deduction (2025–2028)

The federal overtime deduction may let household employees deduct the premium portion of qualifying overtime pay on their personal tax return. This is a federal income-tax rule; it does not change how you calculate overtime, FICA, Indiana state or county withholding, or payroll records.

With Nest Payroll: Nest tracks qualified overtime reporting for W-2 purposes when required.

Pay Frequency

Household employees are usually treated as non-exempt hourly workers under FLSA rules — even when you've agreed to pay a "salary," federal FLSA treats it as a wage covering a fixed number of hours per week, with overtime owed on hours past 40.

Under Indiana Code § 22-2-5-1, Indiana employers must pay wages at least biweekly or semimonthly on regular paydays designated in advance. Most household payroll arrangements pay weekly or biweekly to keep cash flow predictable for both sides.

Mileage Reimbursement

Indiana does not have a state-mandated mileage reimbursement rate for private employers. If your employee uses their own car for work-related driving (errands, school pickup, doctor's appointments for the children), reimburse at the federal IRS standard mileage rate — $0.70/mile for 2026. Reimbursements at or below the federal rate are not taxable wages.

Paystub Requirements

Indiana does not have a specific statute requiring itemized paystubs, but you should provide them anyway for clear recordkeeping. Each paystub should show: gross wages, hours worked, deductions (federal income tax, FICA, IN state and county tax), net pay, and pay period dates.

With Nest Payroll: Nest generates a compliant earnings statement (pay stub) for every pay period — automatically. You can email each stub to your employee from the app, or download a PDF.

Time off & leave

Paid Sick Leave — none required statewide

Indiana does not have a statewide paid sick leave law, and no city in Indiana has enacted a local paid sick leave ordinance. Sick time is offered at the employer's discretion.

If you choose to offer sick leave, common household-employer practice is 5–10 days/year, usable for the employee's own illness or to care for an immediate family member.

Vacation & PTO

Indiana does not require paid vacation. If you offer it, document the policy in writing — under Indiana law, vacation pay is enforceable to the extent your written policy states it will be paid out at separation. A clear policy with a written cap (or "no payout at separation" provision) protects you.

Frontloading at the start of each year is the simplest approach. If you offer paid vacation, set the annual amount upfront and let your employee draw against it as time is used. See our frontload PTO & payout guide for the calculation method when payout applies.

Upon departure

When the working relationship ends — whether the employee resigns or you terminate — Indiana’s final pay rule (Indiana Code § 22-2-9-2) requires final wages to be paid by the next regular payday following separation.

At separation, give your employee a final paystub and a copy of any timekeeping records you've maintained. If you've offered vacation as part of your written policy, pay out the earned-but-unused portion (pro-rated through the last day worked, at the final rate of pay) per your policy.

Year-end forms

Your responsibilities

  • Hand the W-2 to your household employee by January 31 — Nest produces this; you deliver it
  • Attach Schedule H to your Form 1040 by April 15 — Nest produces a signature-ready version

What Nest handles for you

  • Quarterly federal tax payments to the IRS via EFTPS
  • W-3 + Copy A of W-2 filed with the Social Security Administration
  • Quarterly UC-1 filings with Indiana DWD once registration applies
  • WH-1 withholding remittance for Indiana state and county tax
  • Form WH-3 annual reconciliation with the Indiana Department of Revenue
With Nest Payroll: Your tax forms are generated automatically and appear in your Tax Summary by the end of January.
Bonuses and vacation payouts: Bonuses and vacation payouts are included on your employee's W-2 and taxed through regular payroll withholding calculations.

Bonuses, vacation payouts, and other supplemental wages. Nest uses the aggregate method for federal income tax withholding: bonuses, PTO payouts, and other supplemental wage payments are combined with regular wages and withheld at the worker's regular W-4 rate — not the flat 22% federal supplemental rate. For most household workers, this produces a slightly larger net check than the flat method would.

Tax breaks for household employers

Two federal tax breaks may help offset your nanny payroll costs:

1. Dependent Care FSA (DCFSA). Through your employer's benefits, you can set aside up to $7,500/year (2026 OBBBA increase from $5,000) in pre-tax dollars to pay for childcare for kids under 13. This typically saves 25–35% on the contributed amount, depending on your federal + state tax bracket.
2. Child & Dependent Care Tax Credit. On your federal Form 1040, claim 20–35% of qualifying childcare expenses (up to $3,000 for one child / $6,000 for two or more). The percentage scales based on your AGI.

For nannies caring for school-aged kids, families often use the DCFSA first (better tax savings for most), then claim the credit on any expenses above the FSA limit. Note: you cannot claim the same expenses under both — but you can split them.

Resources & free tools

The information on this page is general in nature and not tax, legal, or financial advice. Indiana rules change. Verify current rates and rules at Indiana Department of Revenue and Indiana Department of Workforce Development, or consult a tax advisor.