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You do not have to take taxes out you can file a 1099 and she will have to pay the taxes on what you have paid her. It is better for both of you to have her fill out the proper paperwork. I think the 1099 is "independent contractor" if she is an actual employee of yours I do not think you can use the 1099.
So, if the caregiver is an independent contractor /business owner /sole proprietor, and they make over $600 during the calendar year, then yes, you are required to fill out a 1099 and give it to the caregiver plus file it with the irs. And generally, if they are a household employee(more on identifying if they are a household employee in the guide by the irs mentioned below), and they make over $2100 a year, you are required to give them a w-2 at the end of the year, and withhold social security and Medicare (7.65%) plus your share that you pay, of social security and Medicare (7.65%).
You can Google topic no. 756 Employment Taxes for Household Employees, and read more about it on the irs website. It isn't too long and is mostly in plain English, a rarity for the irs! Hahaha. Hope this helps. Sparkles
I wonder why this sort of info has to come from a website not connected with the national govt.?? Is it because it's esoteric info and hidden from ordinary people without professional credentials who just want to live their lives without the hassle of hiring and paying tax advisors/accountants?
I 'm a college grad and intentionally practically computer illiterate, if that helps you understand my perspective.
I don't even care to try to figure out the taxes for April 15. I just save my receipts and various forms from my payees: banks, broker, SS, etc, then spend a modest amount on an accountant to do the paperwork. I package the data the same way every year and i don't care if the work is done on a website "everybody" knows about , or with a quill pen on ledger paper, just so long as i can do other things with my time.
It would be nice to know there is an easily accessible source of information written in plain english; someplace besides a website like this one, where competent people are generous enough to share their knowledge and the various pieces of advice can be compared and considered, without it costing a month's rent to buy the info outright. But how many people who need the info will not even know this site is here?
As I age, I have more questions about life than I can find answers for, but watching the birds at the feeder while listening to music keeps my soul alive, but worrying about tax paperwork just shrivels my soul.
The OP stated the caregiver wants to be paid "under the table", that is by definition cash and no taxes. Aside from helping the caregiver cheat the system this could come back to bite KP0415 if there is ever a need to apply for medicaid in the future because there will be no record of where this money went.
Oopsie! I sort of missed the boat, didn't I? I meant to ask if they needed some ideas about what to say if they don't want to go along with paying under the table(but must have seen a squirrel run by and forgot!) Lol. Sparkles
A different risk turns up if there is an accident of some sort, the caregiver is injured and looks for compensation from you. It can be a legal minefield with some insurance policies if the employment status is unclear and undocumented. And more generally, when you know someone is happy to cheat, you have to have some doubts about trust.
Here is what you can say depending on the state you live in and the dress code in the prison system...say "I would but I don’t look good in orange (or stripes)"...😂. We had a receptionist who said that when patients would ask her to commit insurance claim fraud. Nice way to get the point across.
It is illegal. It is dishonest. And It is begging for trouble.
Tell the lady this is not how you do things. If the implications for her are that her income, once taxed, makes the job financially unviable - if her pay after tax is so reduced that it barely covers her travel expenses, for example - you may need to support your principles with something practical, like more money.
Sigh. I don't mean to sound so cynical. But this is it, this is why people evade and subvert the laws - because it costs. From her point of view, she probably sees the under the table arrangement as a win-win - you pay lower wages but she keeps more of them. That, plus the eternal "oh, everybody does it, it's no big deal." All you can do is say everybody doesn't include you, and set a better example.
NO. This is a doorway to hell and a stain on the heart to appease the caregiver. Fire her at once and admonish her on the way to the door never to ask for pay under the table. Let her also know that what she gets away today, will be her cross to bear tomorrow. Not worth living in the now for silver and gold that will tarnish the coins, her life and self respect later down the road!
I wouldn't do it because it's illegal. But a "stairway to hell"? I don't think God cares about adherence to earthly laws as long as we obey His commandments.
Also, if you don't fill out the tax forms and pay your share of the tax as an employer, if she should get hurt and you're not enrolled in Worker's Comp you're exposed to liability.
"Under the table" carrires the connotation of "unreported," and that is illegal. To be legal, the caregiver can be an employee and have wages reported on a W-2, with taxes deducted and paid by the employer (including workers comp in case she is injured on the job, and unemployment insurance). Or, she can be an independent contractor, with payment--if it's over $600 per year--reported on a 1099. Both 1099 and W2 forms go to the worker and to the federal govt. The IRS explains the differences in determining employee vs contractor with a series of questions. Basically, if she works for several different people, carries her own liability and workers comp insurance (which you should REQUIRE if she's an independent contractor), and does her job without your direct supervision and instruction, she is an independent contractor--1099. If she has no other clients and is working under your direction, she is probably an employee--W-2. Real problems can arise if you pay her as an independent contractor and she is injured on the job, say lifting the patient. If you or she don't have insurance to pay her medical bills and lost wages (which is workers comp coverage), and she is determined to be your employee, you are on the hook for care and lost wages. If she wants to be an independent contractor, she needs to have you named as additional insured on her workers comp policy and her general liability policy, and she needs to give you a W-9 form with her social security number. It's a hassle.
Hello,my opinion might be slightly different...I'm a Certify HHA since 1995...prior to that i worked as a private aide...and still i do private pay clients...THERE IS NOTHING WRONG IN DOING...why?because there many wealthy people who are struggling...NO other way they can affort getting care for their loveones. One of my recent clients could not affort a home health agency any more since 2017... She is a reputable 35 years working as a corporate lawyer...ther daughter also a lawyer...they have 2 properties in Philadelphia...and three apartments in NYC... Still they are going thru some hardships...taking care of her family member...it's has been an immense expense... She called me the other day saying Millye,can you help me find someone? I said sure...no problem... I called few of my coworkers..everyone where like how much is the pay per day...i told them and DEFFINETLY ...it's the only way ...it's the last resource...your family or love one needs help...and that it's the only way...what would you do? If there is a will there is always a way...to my eyes...there is not dishonesty ... More dishonesty will be their family ignoring the necessity of care if they can affort it in other ways... As long they know it is been done in a ethical manner and loving...respectful aides...that is why many people calls me to get someone because the people i know deserve it...NOTHING dishonest in lending a hand...to the need it one...
Properties in Philly.....apartments in NYC....lawyers.......and you are willing to work on the cheap and be the "last resort" for them, while they keep on with whatever life makes them comfortable while taking advantage of the lower paid workers they recruit to care for their "loved ones"?
Lots of people "downsize" when the financial going gets difficult. Why can't these people? Let them raise the rents or sell their properties and do the right thing for whomever does the caregiving. I say it is dishonest to take advantage of the aides this way.
Sorgalim, sadly the difficulty of meeting your legal obligations does not mean they do not apply. As any judge will tell you, before he or she orders you to pay significant fines and/or spend time in jail.
And to be frank, a person who owns that much property pleading financial hardship..? - please.
But it doesn't surprise me that good caregivers and apparently respectable professionals seriously believe there is nothing wrong in colluding to evade taxes. Depresses, yes, but doesn't surprise. There is just so much of it about.
If you have to account for the money spent on the patient's behalf, that money paid under the table won't count. Like how do you say that you spent all Mom's money on her care, if there is no evidence to show that. How would any one else know you didn't take it. There are lots of situations where this could be a problem: medicaid, family who question your actions, etc.
One often overlooked point is that without social security taxes paid the caregiver will not receive any social security benefits when they are older. The other point is no one is paying workers compensation and if she gets injured on the job the family can be facing big costs and possible fines. There is no liability insurance or bonding either. Once you figure all that in, the cost of hiring a good agency caregiver isn’t much different. When a caregiver is hired privately it is simply hoping nothing bad will happen to save some money.
Sorry - coming back to Sorgalim's post, I wonder if perhaps we're talking at cross purposes. She seems to be distinguishing between agency caregivers and those who work independently for families; and of course there is nothing wrong with a contract between an individual caregiver and a family. But that's no excuse for not complying with employment and taxation law.
And if a corporate lawyer is inciting hard-pressed caregivers to avoid taxes, then in my view the bloody woman wants reporting to the police. These people! You get the same thing with politicians fiddling their expenses, or 'oh dearie me I didn't notice' employing domestic staff without sorting out their work permits and visas. They set the dam' rules that we're all trying to make work, then whine their heads off when they get tripped up. I've no bloody sympathy.
Agree with others. Don't take a chance on not paying/withholding taxes. She could come back on you years from now saying you did not take taxes out and she wants her Soc. Sec., etc. Fines would be enormous. Also, all of it is tax deductible to patient (if she's regular help dollar amount would go above the standard deduction and be deductible. ) While a lot of Hollywood elite and high ranking government officials do this - if an average person fails to pay household help taxes - you will pay. That said - if she is just a "companion sitter" I believe you can 1099 her and let her be responsible for her own taxes. Get her Soc Sec #, address, etc. and file 1099 for total amount each year. Still is deductible to patient. (Check with a CPA on this to be sure still OK)
The IRS has specific rules about how much you can pay a person without being required withholding taxes. This makes sense, for small amounts. We found it easier to go with company who provides services for Mother.
I’m equating it to babysitting... do you withhold taxes when you hire a sitter for your kids? theres a difference between an occasional night sitter, one-or-two days a week picking up at the bus stop, and providing full-time day care. i guess it depends on how much time is spent caregiving.
Amount of time and pay legalities aside the first reason that comes to me and should make sense to the caregiver as well once you mention it is Medicaids spend down rules and any assistance or application to deductibles it might qualify for. If your dad needs more care and or enters a NH or MC he may also need Medicaid to cover the cost and you will need to be able to account for all expenditures for his care and living expenses going back 5 years I believe for that approval. If you are paying the caregiver under the table you won't be able to account for that money and may have to come up with it or pay the equivalent for his NH bill out of your pocket (or someones other than your fathers). I would guess however that you could 1099 them as an independent contractor at the end of the year and that would cover you and accounting for your dad's expenses while leaving it up to them what they do with it tax wise. That also gives them the full amount weekly (no withholding) to use as they see fit which is probably what he or she is most concerned with, the immediate income.
I suggest you check with the IRS or a tax attorney. As I see it, the big issues for you will be accountability for the money you are spending and personal liability should the care-giver be injured in your home. Employees have the benefit of Worker compensation insurance, disability insurance, etc. Independent contractors are supposed to provide that for themselves. Back injuries are fairly common in care-giving and can be very expensive to deal with. Whether the care-giver is considered an independent contractor or an actual employee may be something that is up for debate by those wiser than I, but, I'd say that paying under the table is a very big risk for all of you. In my experience, it's generally a better idea to stay within the legal black and white areas.
If you are caught paying an in-home worker under the table you will be paying all of her taxes that should have been withheld and penalties, fines and interest. Not to mention you will be flagged for an audit, which is a huge hassle.
To keep your family safe, get a caregiver contract in place and file a 1099 to the caregiver, I think 2018 anything over 1,000.00 paid needs to have this form sent to whomever you paid.
You are correct, it is dishonest and people are earning good wages and collecting welfare because of this kind of behavior.
She will have a fit no doubt, taxes are no fun, but they are there to run our country and provide aid to the truly needy, not the truly dishonest.
Some people do pay their providers under the table. If you are running for political office I would advise against it.
Some low income nurses aides or those on welfare or other programs may be able to supplement their wages without losing their health care, disability, food stamps, housing subsidies etc. Others may have their benefits reduced to the point that It may not benefit them to work.
I know such a provider who works 20 hours a week @ $15.00 an hour. She is an excellent provider and that amount supplements her benefits enough to make it possible to have some optional niceties and provide the dignity of being able to work.
You need to check out the IRS regs online. For household workers like babysitters and caregivers, you are allowed to engage them for up to a certain amount each year before you have to file taxes. It may be as much as $2000/year in 2018. (It used to be $600/year.) After that either you must pay them as an employee or they must file a 1099. Apart from the fact that you could be discovered later and be penalized for non-payment, you wouldn't be covered by state unemployment in case the person were injured on the job, a very likely possibility when a person is transferring an elderly person. Get to an attorney and file those forms. Don't let any caregive talk you into paying them 'under the table.' It's not worth it for a number of reasons. (Others have mentioned the Medicare-related issues.)
I am a caregiver. I prefer paying taxes and I charge accordingly. I have had people want to pay under the table, but I am a Christian and Christ said 'render under Caesar what is Caesars and God what is God's. When someone wants to pay me under the table, I figure out how much they would need to pay for their share of the taxes and include that in my price. I pay my taxes regardless if the person I work for pays under the table.
Before my parents died, they hired a care giver who, we later found out, was paid 'under the table.' I would consider even the request to violate the law as a strong warning sign. A truly ethical person does not encourage other persons to break the law. After such a request, no matter what s/he says or how s/he acts, s/he is not to be trusted. After my father died, we found out that his caregiver had scammed thousands of dollars from my parents. She was convicted in Lucas County, Ohio, but she never saw a minute of jail time not did my mother receive restitution. And she continually tried to sew discontent within the family, telling my parents that her children were trying to scam them.
If she is considered an independant contractor than paying her taxes is up to her. Its illegal for her not to pay her taxes.When it comes time to report all payments you make to the independent contractor on a 1099 form, you will need the information on the W-9. It's only necessary to issue a 1099 if you pay the independent contractor $600 or more during the tax year. If you do, you must send the 1099 to the IRS as well. the rest is on her.
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It is better for both of you to have her fill out the proper paperwork.
I think the 1099 is "independent contractor" if she is an actual employee of yours I do not think you can use the 1099.
And generally, if they are a household employee(more on identifying if they are a household employee in the guide by the irs mentioned below), and they make over $2100 a year, you are required to give them a w-2 at the end of the year, and withhold social security and Medicare (7.65%) plus your share that you pay, of social security and Medicare (7.65%).
You can Google topic no. 756 Employment Taxes for Household Employees, and read more about it on the irs website.
It isn't too long and is mostly in plain English, a rarity for the irs! Hahaha.
Hope this helps.
Sparkles
I 'm a college grad and intentionally practically computer illiterate, if that helps you understand my perspective.
I don't even care to try to figure out the taxes for April 15. I just save my receipts and various forms from my payees: banks, broker, SS, etc, then spend a modest amount on an accountant to do the paperwork. I package the data the same way every year and i don't care if the work is done on a website "everybody" knows about , or with a quill pen on ledger paper, just so long as i can do other things with my time.
It would be nice to know there is an easily accessible source of information written in plain english; someplace besides a website like this one, where competent people are generous enough to share their knowledge and the various pieces of advice can be compared and considered, without it costing a month's rent to buy the info outright. But how many people who need the info will not even know this site is here?
As I age, I have more questions about life than I can find answers for, but watching the birds at the feeder while listening to music keeps my soul alive, but worrying about tax paperwork just shrivels my soul.
I sort of missed the boat, didn't I?
I meant to ask if they needed some ideas about what to say if they don't want to go along with paying under the table(but must have seen a squirrel run by and forgot!) Lol.
Sparkles
It is illegal.
It is dishonest.
And
It is begging for trouble.
Tell the lady this is not how you do things. If the implications for her are that her income, once taxed, makes the job financially unviable - if her pay after tax is so reduced that it barely covers her travel expenses, for example - you may need to support your principles with something practical, like more money.
Sigh. I don't mean to sound so cynical. But this is it, this is why people evade and subvert the laws - because it costs. From her point of view, she probably sees the under the table arrangement as a win-win - you pay lower wages but she keeps more of them. That, plus the eternal "oh, everybody does it, it's no big deal." All you can do is say everybody doesn't include you, and set a better example.
To be legal, the caregiver can be an employee and have wages reported on a W-2, with taxes deducted and paid by the employer (including workers comp in case she is injured on the job, and unemployment insurance). Or, she can be an independent contractor, with payment--if it's over $600 per year--reported on a 1099.
Both 1099 and W2 forms go to the worker and to the federal govt.
The IRS explains the differences in determining employee vs contractor with a series of questions. Basically, if she works for several different people, carries her own liability and workers comp insurance (which you should REQUIRE if she's an independent contractor), and does her job without your direct supervision and instruction, she is an independent contractor--1099.
If she has no other clients and is working under your direction, she is probably an employee--W-2.
Real problems can arise if you pay her as an independent contractor and she is injured on the job, say lifting the patient. If you or she don't have insurance to pay her medical bills and lost wages (which is workers comp coverage), and she is determined to be your employee, you are on the hook for care and lost wages.
If she wants to be an independent contractor, she needs to have you named as additional insured on her workers comp policy and her general liability policy, and she needs to give you a W-9 form with her social security number.
It's a hassle.
One of my recent clients could not affort a home health agency any more since 2017...
She is a reputable 35 years working as a corporate lawyer...ther daughter also a lawyer...they have 2 properties in Philadelphia...and three apartments in NYC...
Still they are going thru some hardships...taking care of her family member...it's has been an immense expense...
She called me the other day saying Millye,can you help me find someone?
I said sure...no problem...
I called few of my coworkers..everyone where like how much is the pay per day...i told them and DEFFINETLY ...it's the only way ...it's the last resource...your family or love one needs help...and that it's the only way...what would you do?
If there is a will there is always a way...to my eyes...there is not dishonesty ...
More dishonesty will be their family ignoring the necessity of care if they can affort it in other ways...
As long they know it is been done in a ethical manner and loving...respectful aides...that is why many people calls me to get someone because the people i know deserve it...NOTHING dishonest in lending a hand...to the need it one...
Lots of people "downsize" when the financial going gets difficult. Why can't these people? Let them raise the rents or sell their properties and do the right thing for whomever does the caregiving. I say it is dishonest to take advantage of the aides this way.
And to be frank, a person who owns that much property pleading financial hardship..? - please.
But it doesn't surprise me that good caregivers and apparently respectable professionals seriously believe there is nothing wrong in colluding to evade taxes. Depresses, yes, but doesn't surprise. There is just so much of it about.
And if a corporate lawyer is inciting hard-pressed caregivers to avoid taxes, then in my view the bloody woman wants reporting to the police. These people! You get the same thing with politicians fiddling their expenses, or 'oh dearie me I didn't notice' employing domestic staff without sorting out their work permits and visas. They set the dam' rules that we're all trying to make work, then whine their heads off when they get tripped up. I've no bloody sympathy.
theres a difference between an occasional night sitter, one-or-two days a week picking up at the bus stop, and providing full-time day care.
i guess it depends on how much time is spent caregiving.
To keep your family safe, get a caregiver contract in place and file a 1099 to the caregiver, I think 2018 anything over 1,000.00 paid needs to have this form sent to whomever you paid.
You are correct, it is dishonest and people are earning good wages and collecting welfare because of this kind of behavior.
She will have a fit no doubt, taxes are no fun, but they are there to run our country and provide aid to the truly needy, not the truly dishonest.
Some people do pay their providers under the table. If you are running for political office I would advise against it.
Some low income nurses aides or those on welfare or other programs may be able to supplement their wages without losing their health care, disability, food stamps, housing subsidies etc. Others may have their benefits reduced to the point that It may not benefit them to work.
I know such a provider who works 20 hours a week @ $15.00 an hour. She is an excellent provider and that amount supplements her benefits enough to make it possible to have some optional niceties and provide the dignity of being able to work.