Reply to people don't realize they have to pay payroll taxes on individual housecleaners

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]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.[/quote]
Special rules for housekeepers? That's news to me. Does my gardening service have special rules to, according to you?[/quote]

Go to www.irs.gov.  Read publication 926.  There are not special rules for housekeepers.  There are special rules for [u]all [/u]household employees.[/quote]
Including the personal assistant?[/quote]

I'm the PA who posted earlier.  I still don't see how the arrangement I have with my employer (and therefore a housekeeper who chooses it) is doing something wrong. [b] If my employer and I agree that I am a 1099 employee and he issues me a 1099 and I pay all the required taxes, doesn't that make me an IC by definition, regardless of whether or not I use his supplies, which I do, or if he gives me specific directions, which he does?  If a housekeeper accepts a 1099 and pays all the required taxes, doesn't that make her an IC?  The IRS doesn't care which tax relationship you enter into with the people who do work in your home, just that that relationship is legal and all taxes are paid. [/b] Since the definition of "domestic help" is loose, people who comply with the law in either way would seem to be fine. I can see why a housekeeper wouldn't want to accept a position if she didn't want to pay taxes like an IC, but not why the IRS would care how the taxes get paid. [/quote]

No, no, no.  This is exactly wrong.  If you bother to read a single publication, or even webpage, from the IRS or the DOL you would see that.  For example, look at [url=http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-%28Self-Employed%29-or-Employee%3F]this page [/url](and the pages it links to) and tell me where it says that the filing of a 1099 is the least bit relevant to the question.  The relevant factors are things like
   Does the company control or have the right to control what the worker does and how the worker does his or her job?
   Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
   Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

[/quote]
If you're not the OP, why are you responding for her? We want to understand the misleading subject line of this thread.[/quote]

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