That is NOT the definition of an independent contractor vs a household employee. She can easily have more than one job, one of which is as your household employee housecleaner. The number of employers has no bearing on whether she is an household employee or not. If she uses your household supplies and/or you issue her instructions on what to do, when to show up, or how to clean, then she is a household employee. If you hire her as a service, she provides the supplies, and she provides a fixed set of services without your instructions or special requests addressed, then she may be an independent contractor. |
You and others like you are a huge problem in this country. Thanks a lot for having tax evaders work for you. We clean our own home: Problem solved. |
Are these rules supposed to be as murky as they sound? Really. |
| pay the housekeeper cash. NEVER write a check. |
This, plus she hires her own help. I don't pay the other two cleaning ladies that come with her. She does. Look at the IRS guidelines. They are clearer than what you read on DCUM. |
I don't think this is true. I work as a personal assistant and make about $12000 a year from one family. They issue me a 1099 at the end of the year and I have to pay all taxes, both employee side and employer side, as an independent contractor. I am not an LLC. We get our taxes done by a very reputable accountant and my husband is a lawyer who would never run the risk of breaking the rules over something like this. A housecleaner who comes in once a week or once every two weeks and works for a number of different families can definitely be an independent contractor without being an LLC. If you issue her a 1099 at the end of the year, the IRS will know that she has to pay taxes on that income and it won't be under the table. |
PP again who works as a PA. My employer gives me all sorts of specific requests, that is the nature of my job. The point is that our employment agreement with each other is that I am an independent contractor and he doesn't pay payroll taxes. Therefore, he issues me a 1099. Someone has to pay the taxes, but a person can work as an independent contractor and provide household help without being an LLC. There is nothing magical about incorporating as a business. A cleaning person can choose to turn down work if she doesn't want to work for families who won't pay employer side taxes, but if she is willing to do the paperwork as an IC, it is not against the law to do so. My accountant has no problem with my arrangement since I pay all taxes owed. |
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"Does my IC house painter have to be an LLC to? He doesn't speak English all that well."
...Why so many in this area continue to use illegals is astounding to me. And sad. |
| I think even if someone would be an independent contractor under most definitions, it they are a housekeeper special rules apply - and you have to pay taxes legally. so just pay in cash. |
Yes. We use a payroll service. She even has direct deposit from us. In DC you may need workers' comp insurance for our housecleaner, too. We do (and have it). |
Who told you that? Your payroll service? |
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Are payroll service companies getting a bad rap or did this thread back fire?
The subject line of this thread is somewhat misleading, to say the least, but it certainly should boost business. |
No. My insurance agent. I didn't believe him, so then I looked up the law for myself. It's pretty scary. Technically even some occasional babysitters are covered. |
Oh stop. There's nothing "pretty scary" about the law. What on earth are you talking about? |
| Fear mongering. |