[Code of Federal Regulations] [Title 26, Volume 15] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 26CFR31.3121(a)(7)-1] [Page 28-29] TITLE 26--INTERNAL REVENUE CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) PART 31_EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE--Table of Contents Subpart B_Federal Insurance Contributions Act (Chapter 21, Internal Revenue Code of 1954) Sec. 31.3121(a)(7)-1 Payments for services not in the course of employer's trade or business or for domestic service. (a) Meaning of terms--(1) Services not in the course of employer's trade or business. The term ``services not in the course of the employer's trade or business'' includes services that do not promote or advance the trade or business of the employer. Such term does not include services performed for a corporation. As used in this section, the term does not include service not in the course of the employer's trade or business performed on a farm operated for profit or domestic service in a private home of the employer. See paragraph (f) of Sec. 31.3121(g)-1 for provisions relating to services not in the course of the employer's trade or business performed on a farm operated for profit. (2) Domestic service in a private home of the employer. Services of a household nature performed by an employee in or about a private home of the person by whom he is employed constitute domestic service in a private home of the employer. 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. 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. The term ``domestic service in a private home of the employer'' does not include the services enumerated above unless such services are performed in or about a private home of the employer. Services not of a household nature, such as services performed as a private secretary, tutor, or librarian, even though performed in the employer's home, are not included within the term ``domestic service in a private home of the employer''. As used in this section, the term does not include domestic service in a private home of the employer performed on a farm operated for profit or service not in the course of the employer's trade or business. See paragraph (f) Sec. 31.3121(g)-1 for provisions relating to domestic service in a private home of the employer performed on a farm operated for profit. (b) Payments other than in cash. The term ``wages'' does not include remuneration paid in any medium other than cash (1) for service not in the course of the employer's trade or business, or (2) for domestic service in a private home of the employer. Cash remuneration includes checks and other monetary media of exchange. Remuneration paid in any medium other than cash, such as lodging, food, clothing, car tokens, transportation passes or tickets, or other goods or commodities, for service not in the course of the employer's trade or business or for domestic service in a private home of the employer does not constitute wages. (c) Cash payments. (1) The term ``wages'' does not include cash remuneration paid by an employer in any calendar quarter after 1954 to an employee for-- [[Page 29]] (i) Domestic service in a private home of the employer, or (ii) Service not in the course of the employer's trade or business, unless the cash remuneration paid in such quarter by the employer to the employee for such service is $50 or more. (2) The test relating to cash remuneration of $50 or more is based on the remuneration paid in a calendar quarter rather than on the remuneration earned during a calendar quarter. It is immaterial whether the remuneration was earned before 1955 or after 1954. Example. In the calendar quarter ending March 31, 1955, employer X pays employee A cash remuneration of $50 for service not in the course of X's trade or business. Such remuneration constitutes wages subject to the taxes even though $10 thereof represents payment for such service performed by A for X in December 1954. In determining whether $50 or more has been paid either for domestic service in a private home of the employer or for service not in the course of the employer's trade or business, only cash remuneration for such service shall be taken into account. Cash remuneration includes checks and other monetary media of exchange. Remuneration paid in any other medium, such as lodging, food, clothing, car tokens, transportation passes or tickets, or other goods or commodities, is disregarded in determining whether the cash-remuneration test is met. If an employee receives cash remuneration from an employer in a calendar quarter for both types of services the $50 cash-remuneration test is to be applied separately to each type of service. If an employee receives cash remuneration from more than one employer in a calendar quarter for domestic service in a private home of the employer or for service not in the course of the employer's trade or business, the $50 cash- remuneration test is to be applied separately to the remuneration received from each employer. See Sec. 31.3102-1, relating to deduction of employee tax or amounts equivalent to the tax from cash payments for the services described in this section; Sec. 31.3121(a)-2, relating to time of payment of wages for such services; and Sec. 31.3121(i)-1, relating to computations to the nearest dollar of any payment of cash remuneration for domestic service in a private home of the employer.