Treasury Regulations (26 C.F.R.)

26 CFR § 31.3401(a)(3)-1

Remuneration for domestic service.

Official textecfr.govlast amended

# (a) In a private home.

(1) Remuneration paid for services of a household nature performed by an employee in or about a private home of the person by whom he is employed is excepted from wages and hence is not subject to withholding. A private home is a fixed place of abode of an individual or family. A separate and distinct dwelling unit maintained by an individual in an apartment house, hotel, or other similar establishment may constitute a private home. If a dwelling house is used primarily as a boarding or lodging house for the purpose of supplying board or lodging to the public as a business enterprise, it is not a private home, and the remuneration paid for services performed therein is not within the exception.

(2) In general, services of a household nature in or about a private home include services performed by cooks, waiters, butlers, housekeepers, governesses, maids, valets, baby sitters, janitors, laundresses, furnacemen, caretakers, handymen, gardeners, footmen, grooms, and chauffeurs of automobiles for family use.

# (b) In a local college club or local chapter of a college fraternity or sorority.

(1) Remuneration paid for services of a household nature performed by an employee in or about the club rooms or house of a local college club or of a local chapter of a college fraternity or sorority by which he is employed is excepted from wages and hence is not subject to withholding. A local college club or local chapter of a college fraternity or sorority does not include an alumni club or chapter. If the club rooms or house of a local college club or local chapter of a college fraternity or sorority is used primarily for the purpose of supplying board or lodging to students or the public as a business enterprise, the remuneration paid for services performed therein is not within the exception.

(2) In general, services of a household nature in or about the club rooms or house of a local college club or local chapter of a college fraternity or sorority include services rendered by cooks, waiters, butlers, maids, janitors, laundresses, furnacemen, handymen, gardeners, housekeepers, and housemothers.

# (c) Remuneration not excepted.

Remuneration paid for services not of a household nature, such as services performed as a private secretary, tutor, or librarian, even though performed in the employer's private home or in a local college club or local chapter of a college fraternity or sorority, is not within the exception. Remuneration paid for services of a household nature is not within the exception if performed in or about rooming, or lodging houses, boarding houses, clubs (except local college clubs), hotels, hospitals, eleemosynary institutions, or commercial offices or establishments.

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In this part (40 sections)
  1. 31.3306(c)(16)-1 · Services in employ of international organization.
  2. 31.3306(c)(17)-1 · Fishing services.
  3. 31.3306(c)(18)-1 · Services of certain nonresident aliens.
  4. 31.3306(d)-1 · Included and excluded service.
  5. 31.3306(i)-1 · Who are employees.
  6. 31.3306(j)-1 · State, United States, and citizen.
  7. 31.3306(k)-1 · Agricultural labor.
  8. 31.3306(m)-1 · American vessel and aircraft.
  9. 31.3306(n)-1 · Services on American vessel whose business is conducted…
  10. 31.3306(p)-1 · Employees of related corporations.
  11. 31.3306(r)(2)-1 · Treatment of amounts deferred under certain…
  12. 31.3307-1 · Deductions by an employer from remuneration of an employee.
  13. 31.3308-1 · Instrumentalities of the United States specifically…
  14. 31.3401(a)-1 · Wages.
  15. 31.3401(a)-1T · Question and answer relating to the definition of wages…
  16. 31.3401(a)-2 · Exclusions from wages.
  17. 31.3401(a)-3 · Amounts deemed wages under voluntary withholding…
  18. 31.3401(a)-4 · Reimbursements and other expense allowance amounts.
  19. 31.3401(a)(1)-1 · Remuneration of members of the Armed Forces of the…
  20. 31.3401(a)(2)-1 · Agricultural labor.
  21. 31.3401(a)(3)-1 · Remuneration for domestic service.
  22. 31.3401(a)(4)-1 · Cash remuneration for service not in the course of…
  23. 31.3401(a)(5)-1 · Remuneration for services for foreign government or…
  24. 31.3401(a)(6)-1 · Remuneration for services of nonresident alien…
  25. 31.3401(a)(6)-1A · Remuneration for services of certain nonresident…
  26. 31.3401(a)(7)-1 · Remuneration paid before January 1, 1967, for…
  27. 31.3401(a)(8)(A)-1 · Remuneration for services performed outside the…
  28. 31.3401(a)(8)(B)-1 · Remuneration for services performed in possession…
  29. 31.3401(a)(8)(C)-1 · Remuneration for services performed in Puerto Rico…
  30. 31.3401(a)(9)-1 · Remuneration for services performed by a minister of…
  31. 31.3401(a)(10)-1 · Remuneration for services in delivery or…
  32. 31.3401(a)(11)-1 · Remuneration other than in cash for service not in…
  33. 31.3401(a)(12)-1 · Payments from or to certain tax-exempt trusts, or…
  34. 31.3401(a)(13)-1 · Remuneration for services performed by Peace Corps…
  35. 31.3401(a)(14)-1 · Group-term life insurance.
  36. 31.3401(a)(15)-1 · Moving expenses.
  37. 31.3401(a)(16)-1 · Tips.
  38. 31.3401(a)(17)-1 · Remuneration for services performed on a boat…
  39. 31.3401(a)(18)-1 · Payments or benefits under a qualified educational…
  40. 31.3401(a)(19)-1 · Reimbursements under a self-insured medical…
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