| solved i will pay her 80 a cleaning twice a month and tip the rest. |
Is he someone a company sent over? Are you paying him more than $1800 in a given year? If yes to one and/or no to the second, you don't even have to worry about it. the question isn't whether the IC is an LLC. The question is whether the person is *TRULY* an IC, as opposed to domestic help, for which you have to pay payroll taxes. One way to confirm they're an IC is if they have established their own company. That's where the LLC thing comes into play. Geesh, do you people not having reading comprehension skills!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! |
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16:14 is full of crap.
The list to determine IC/employee status is lengthy. The IRS makes the final determination, not you, 16:14. |
Here's the post. |
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....seriously? there's a reason my housekeeper accepts cash - she DOES NOT WANT TO PAY TAXES. So why should I worry about HER social security payments?
give me a large break. |
Exactly. We don't pay taxes on our cleaner for this reason - she is not my employee. |
| This is why I have our cleaning folks come once a month. Occasionally we will have them come a few extra times, around the holidays or before we are entertaining, but on average they don't come more than 16 times per year, so we are under the $1,800. I thought about every other week but I don't want to deal with the tax issue. |
Because it is YOUR legal responsibility, and if you get caught it is YOUR butt. You get caught if the IRS catches her and investigates the sources of her income. |
Tips are income. That did not solve your problem. |
It is entirely reasonable that a lawn service comes and goes without being subject to your direction. But is there anyone who cannot tell their housekeeper how to clean the house? Even if you don't routinely give them directions, the fact that you CAN give them directions is enough under IRS rules http://www.irs.gov/pub/irs-pdf/p15a.pdf |
Because if you fire her and things get tense, she can report you. You will be fined. She will likely get off easily. The IRS always comes down harder on the employer, not the employee. Or if you get into a dispute with a neighbor or a friend or a relative who suspects you're paying your maid under the table, guess what? Just one phone call. |
The IRS guidance on the issue says *specifically* that it *DOESN"T* matter if she is employed by more than one person. I'm sure the IRS will give two hoots when you show them your online questionnaire. If a person works two jobs, does that mean that neither employer has to pay payroll taxes? It all depends on whether or not the person is employed by a company (and that company pays the payroll taxes) or whether the person is set up as a company, as opposed to just an individual cleaning houses. And then beyond that, if you end up paying over the threshold. It comes under the IRS guidance for DOMESTIC HELP. |
Here we go again. I thought we all understood that, you DO NOT have to be "set up as a company" to be an IC. |
Why did the 'off topic' thread "Who are the people spewing "misinformation" about ICs?" get moved over to 'money and finances', but this thread didn't? Isn't this a 'money and finances' topic to? Please explain. |
Because if she's a household employee as qualified by the IRS, then you are responsible for EMPLOYER taxes, including FICA (7.65%) and SUTA/FUTA. It's her responsibility if she dodges employee taxes. It's your responsibility to know and pay any employer taxes as mandated by law. Ignorance is no excuse and if audited or caught, you will still have to pay back taxes, penalties and interest. Do yourself a favor. Read up and figure out if you owe, then pay if you do. |