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Eldercare
Reply to "Paying cash for elderly care - implications?"
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[quote=Anonymous]The best way to protect yourselves is to pay legal. Caregivers cannot be 1099 employees as you make the schedule. You can read up on the IRS website about this. I'm not sure what state you are in? One of Mom's caregivers got letters from IRS as she was paying other caregivers under the table for a different client. Head caregiver got cash from client, head caregiver gave caregiver cash, IRS is after head caregiver for back taxes and penalties I think she owes around $12,000. We are paying direct (no agency) but going through a payroll service that takes out taxes and workers comp. Our workers comp bill just came in for the year. Our yearly workers comp bill in Maryland is $300.00 that covers round the clock caregivers for the year. We've already had one injury....a farmer ran into our car that caregiver was driving to get Mom's groceries. We are starting at around $15.00. Taxes come out of that. Payroll service cuts the checks each week. If a short term situation....say 6-8 weeks you might get by with just paying cash. If much longer like an ongoing thing then the issue is the IRS. Legally the IRS does not allow caregivers in the home to be called 1099 employees since you schedule them. They are by default W2 employees. The risk is IRS finds out and you owe back payroll taxes. It is best to get workers comp to cover in case of injury. Our fee is $300 per year and that is covering around 8 caregivers around the clock. Check with your Doctor but you may be able to get a scrip for a special chair and/or hoist for bed to make things easier on Mom. Paying cash you have potential IRS liability and if someone gets injured I think it depends on the laws of your state. Best of luck, I know it is tough. [/quote]
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