New NF wants to 1099 me or pay by check and not declare RSS feed

Anonymous
I just started with a new family. They don't want to pay employer taxes and claim their admittedly "gray" (not black and white regarding tax laws) accountant says they don't have to declare my income. His reasoning for this is that I am not a household employee due to:
1. Not living in their home
2. Not providing them a service like errands or house cleaning
3. I only work one day and will gross around $6k/year

I explained to them that by law, I don't need to live in their home to be a household employee, and that I do provide them the service of childcare and that over $1800 a year gross means we must declare the income. The NF is sticking to what their "accountant" told them and are really not interested in paying legally.

I know this should've all been discussed prior to starting and we had discussed it a little and when they mentioned consulting an accountant, I assumed that they would get correct info from said accountant.

I don't know where to go from here. I will not be paid illegally or be declared an IC at the end of the year due to the additional taxes I will have to pay. But I also don't want to leave them high and dry by quitting on them after the first week.
Anonymous
Print out the legalese for them (you can get this kind of stuff from any group that handles payment for household employees.)

Tell them that it is not an option for you to be paid illegally so if they are unwilling to pay legally you will need to find other employment.

Beyond that you can't do anything. Clearly they are willing to incur the risk for a 1 day/week position so you can't likely change that.
Anonymous
1 day a week?

I would have assumed cash pay frankly.
Anonymous
Anonymous wrote:I just started with a new family. They don't want to pay employer taxes and claim their admittedly "gray" (not black and white regarding tax laws) accountant says they don't have to declare my income. His reasoning for this is that I am not a household employee due to:
1. Not living in their home
2. Not providing them a service like errands or house cleaning
3. I only work one day and will gross around $6k/year

I explained to them that by law, I don't need to live in their home to be a household employee, and that I do provide them the service of childcare and that over $1800 a year gross means we must declare the income. The NF is sticking to what their "accountant" told them and are really not interested in paying legally.

I know this should've all been discussed prior to starting and we had discussed it a little and when they mentioned consulting an accountant, I assumed that they would get correct info from said accountant.

I don't know where to go from here. I will not be paid illegally or be declared an IC at the end of the year due to the additional taxes I will have to pay. But I also don't want to leave them high and dry by quitting on them after the first week.


They are screwing you and you don"t want to leave them high and dry? What is wrong with you? Why would you even consider for working for these slezeballs. Get out now!
Anonymous
Anonymous wrote:
Anonymous wrote:I just started with a new family. They don't want to pay employer taxes and claim their admittedly "gray" (not black and white regarding tax laws) accountant says they don't have to declare my income. His reasoning for this is that I am not a household employee due to:
1. Not living in their home
2. Not providing them a service like errands or house cleaning
3. I only work one day and will gross around $6k/year

I explained to them that by law, I don't need to live in their home to be a household employee, and that I do provide them the service of childcare and that over $1800 a year gross means we must declare the income. The NF is sticking to what their "accountant" told them and are really not interested in paying legally.

I know this should've all been discussed prior to starting and we had discussed it a little and when they mentioned consulting an accountant, I assumed that they would get correct info from said accountant.

I don't know where to go from here. I will not be paid illegally or be declared an IC at the end of the year due to the additional taxes I will have to pay. But I also don't want to leave them high and dry by quitting on them after the first week.


They are screwing you and you don"t want to leave them high and dry? What is wrong with you? Why would you even consider for working for these slezeballs. Get out now!


This. You're not leaving them high and dry. They are refusing to pay their employee legally. This is 100 percent on them.
Anonymous
Anonymous wrote:I just started with a new family. They don't want to pay employer taxes and claim their admittedly "gray" (not black and white regarding tax laws) accountant says they don't have to declare my income. His reasoning for this is that I am not a household employee due to:
1. Not living in their home
2. Not providing them a service like errands or house cleaning
3. I only work one day and will gross around $6k/year

I explained to them that by law, I don't need to live in their home to be a household employee, and that I do provide them the service of childcare and that over $1800 a year gross means we must declare the income. The NF is sticking to what their "accountant" told them and are really not interested in paying legally.

I know this should've all been discussed prior to starting and we had discussed it a little and when they mentioned consulting an accountant, I assumed that they would get correct info from said accountant.

I don't know where to go from here. I will not be paid illegally or be declared an IC at the end of the year due to the additional taxes I will have to pay. But I also don't want to leave them high and dry by quitting on them after the first week.


Personally, I would quit and report them to the IRS.
Anonymous
It's only 1 day per week. I would either get paid in cash and not report or get paid with a check and file independent
Anonymous
Anonymous wrote:It's only 1 day per week. I would either get paid in cash and not report or get paid with a check and file independent


And according to the IRS, that's not legal.
Anonymous
Anonymous wrote:1 day a week?

I would have assumed cash pay frankly.
same here. Do you make date night people pay taxes too? ?
Anonymous
Anonymous wrote:
Anonymous wrote:I just started with a new family. They don't want to pay employer taxes and claim their admittedly "gray" (not black and white regarding tax laws) accountant says they don't have to declare my income. His reasoning for this is that I am not a household employee due to:
1. Not living in their home
2. Not providing them a service like errands or house cleaning
3. I only work one day and will gross around $6k/year

I explained to them that by law, I don't need to live in their home to be a household employee, and that I do provide them the service of childcare and that over $1800 a year gross means we must declare the income. The NF is sticking to what their "accountant" told them and are really not interested in paying legally.

I know this should've all been discussed prior to starting and we had discussed it a little and when they mentioned consulting an accountant, I assumed that they would get correct info from said accountant.

I don't know where to go from here. I will not be paid illegally or be declared an IC at the end of the year due to the additional taxes I will have to pay. But I also don't want to leave them high and dry by quitting on them after the first week.


Personally, I would quit and report them to the IRS.


Why? Intending to do something illegal isn't illegal.
Anonymous
Anonymous wrote:
Anonymous wrote:1 day a week?

I would have assumed cash pay frankly.
same here. Do you make date night people pay taxes too? ?

Date nights are not a regular weekly job where your making over $5000 a year.
Anonymous
Anonymous wrote:
Anonymous wrote:It's only 1 day per week. I would either get paid in cash and not report or get paid with a check and file independent


And according to the IRS, that's not legal.

If she files independent she won't be the one in trouble though. They are forcing her too. Her employers would be breaking the law.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:1 day a week?

I would have assumed cash pay frankly.
same here. Do you make date night people pay taxes too? ?

Date nights are not a regular weekly job where your making over $5000 a year.


I've made over $1800 a year doing date nights for the same family over the course of a year. I wouldn't ever expect to be paid "over the table."
Anonymous
Anonymous wrote:
Anonymous wrote:1 day a week?

I would have assumed cash pay frankly.
same here. Do you make date night people pay taxes too? ?


Are you doing a date night often enough that it clears the $1,900 per year minimum? If so, yes. If not, no. I just make sure that I don't sit that much for any one family, that way they don't have to worry about it. But I do report all of my income.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:It's only 1 day per week. I would either get paid in cash and not report or get paid with a check and file independent


And according to the IRS, that's not legal.

If she files independent she won't be the one in trouble though. They are forcing her too. Her employers would be breaking the law.


No, she wouldn't be in legal trouble, but she would be paying double for social security and medicare.
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