Reviewed by the CareTax editorial team · Last updated February 10, 2026
Quick Facts
| Item | Value | Notes |
|---|---|---|
| Minimum Wage | $12.00/hr | $12/hr statewide; Santa Fe $15; Las Cruces $13.01 |
| Pay Frequency | Every 16 days | |
| Overtime Rules | 1.5x after 40 hrs/week; live-in exempt | |
| Record Retention | 4 years |
Unemployment Insurance
Registration: Register online
Paid Sick Leave
Accrual Rate: 1hr/30hrs worked
Annual Cap: 64 hrs
Yes -- 1hr/30hrs; up to 64 hrs/year; 64 hrs carryover
New Hire Reporting
Special Requirements
Sick leave for domestic abuse/assault/stalking-related absences; wage reduction notice required; if workers' comp obtained voluntarily, must register for WC Administrative Fee
Key Deadlines
| Deadline | Date | Description | Frequency |
|---|---|---|---|
| New Hire Reporting | Within 20 days of hire | Report new employees within 20 days to the state | at-event |
State Agencies
Sources
Frequently asked
- Do I owe nanny tax in New Mexico?
- If you pay a household employee $3,000 or more in 2026, you owe federal FICA (Social Security and Medicare). If you pay $1,000 or more in any calendar quarter, you owe FUTA. New Mexico state unemployment kicks in once you exceed the state's wage threshold - typically the first $34,800 of wages.
- What is the New Mexico SUI rate for a new household employer?
- New household employers in New Mexico start at 1%, applied to the first $34,800 of each employee's wages per year. Your rate can change once the state assigns you an experience rating, usually after 2–3 years.
- How much state income tax do I withhold for a New Mexico nanny?
- New Mexico uses progressive tax brackets. Your employee's state income tax withholding depends on their expected annual wages and filing status per their state withholding certificate. CareTax's calculator handles bracketed withholding automatically for every pay run.
- What forms do I need to file for a household employee in New Mexico?
- Federally: Schedule H (filed with your personal Form 1040), W-2 and W-3 (given to your employee and filed with the SSA), and quarterly EFTPS deposits if your liability exceeds $1,000/year. In New Mexico: new-hire reporting, quarterly SUI filings, and any required state income tax withholding returns. CareTax generates all federal reference documents and points you to the New Mexico state portals.
- What is Schedule H, and when do I file it?
- Schedule H is an IRS form that household employers file annually with their personal Form 1040 to report Social Security, Medicare, FUTA, and withheld federal income taxes paid to household employees. It is due by April 15 (or the extended deadline if you file for an extension). The IRS covers Schedule H in detail in Publication 926. CareTax includes Schedule H references for every saved pay run.
- What if I pay my nanny less than $3,000 in a year?
- If total cash wages to a single household employee fall below the federal FICA threshold ($3,000 in 2026; verify the current figure in IRS Publication 926), you generally do not owe Social Security and Medicare taxes for that employee. FUTA still applies if you pay $1,000 or more in any calendar quarter, regardless of the annual total. State thresholds may differ, so check your state's unemployment agency rules as well.
- Is my nanny an employee or an independent contractor?
- Nannies are almost always W-2 household employees under IRS common-law rules because the family controls when, where, and how the work is performed. Classifying a nanny as a 1099 independent contractor is one of the most common audit risks for household employers. IRS Publication 926 explains the employee vs. contractor distinction in detail. CareTax is built for W-2 household employees and walks you through correct classification.
- Can I pay my nanny in cash and skip taxes?
- The method of payment — cash, check, or bank transfer — does not change your tax obligations. Cash wages paid to a household employee are still wages and must be reported to the IRS and your state. Failing to withhold and remit payroll taxes can result in back taxes, substantial penalties, and personal liability for the employer. CareTax tracks every pay run so your records are complete regardless of how you pay.
- What if I have more than one household employee?
- The $3,000 FICA threshold applies per employee, so you evaluate each worker separately to determine whether federal Social Security and Medicare taxes apply. The $1,000-per-quarter FUTA threshold, however, is aggregated across all household employees combined. Each employee requires their own W-2 and is reported separately on Schedule H. CareTax supports multiple household employees within a single account.