Anonymous
02/20/2014 12:18
Subject: Taxes for night nurse/baby nurse?
Tom Breedlove of Breedlove and Associates, (breedlove.com) says: http://tinyurl.com/mqxyac5
“We believe that a family could successfully argue that a Baby Nurse should be classified as an independent contractor rather than as an employee. Our logic is that Baby Nurses:
- Have a specialized expertise and do not take direction from the family on how to perform their duty;
- Bring their own tools and equipment;
- Offer their services to the general public;
- Work for a finite period of time (i.e. 2-12 weeks).”
-----------------------------
According to Tom, BREELOVE has submitted a hald dozen requests to the IRS to determine proper classification of Newborn Care Specialists/Infant Care Specialists. The answers they received have been mixed - sometimes classifying the workers as an employee and sometime as an Independent Contractor.
The problem, as we see it, is that BREEDLOVE's description of the work performed is not accurate.
1) A care provider (even a newborn care specialist) does NOT: bring their own supplies and tools (food, bedding, diapers, etc.)
2) DOES take direction from the family on how to perform their work... or, at a minimum, the family has the RIGHT to provide such direction.
Once you have eliminated those argumemts, it is clear that the care provider is an EMPLOYEE, not an independent contractor.
www.4inHomeCare.com
“We believe that a family could successfully argue that a Baby Nurse should be classified as an independent contractor rather than as an employee. Our logic is that Baby Nurses:
- Have a specialized expertise and do not take direction from the family on how to perform their duty;
- Bring their own tools and equipment;
- Offer their services to the general public;
- Work for a finite period of time (i.e. 2-12 weeks).”
-----------------------------
According to Tom, BREELOVE has submitted a hald dozen requests to the IRS to determine proper classification of Newborn Care Specialists/Infant Care Specialists. The answers they received have been mixed - sometimes classifying the workers as an employee and sometime as an Independent Contractor.
The problem, as we see it, is that BREEDLOVE's description of the work performed is not accurate.
1) A care provider (even a newborn care specialist) does NOT: bring their own supplies and tools (food, bedding, diapers, etc.)
2) DOES take direction from the family on how to perform their work... or, at a minimum, the family has the RIGHT to provide such direction.
Once you have eliminated those argumemts, it is clear that the care provider is an EMPLOYEE, not an independent contractor.
www.4inHomeCare.com
Anonymous
02/20/2014 12:00
Subject: Taxes for night nurse/baby nurse?
- Does the household worker provides service in your private home or other location that you determine?
- Do you have the right to control the worker's schedule?
- Do you have the right to control the worker's duties and job responsibilities?
- Do you provide the worker with supplies to do the work?
- Did you/will you pay the household worker $1800 or more (2013) for services in the year?
- Is the household worker is 18 years or older?
If you answered YES to ANY of those questions, then your care provider is an EMPLOYEE (not an independent contractor), according to the IRS. PERIOD.
It doesn't matter what the care provider calls themselves (title) and it doesn't matter if you pay them hourly or a salary. We do not get to determine worker classification; Worker classification is determined by the work performed - and is very clearly defined by the IRS.
What you choose to do is your business... but the law is very clear: anyone who works in your home on the schedule you determine, performing the job duties you have control over - is an employee.
- Do you have the right to control the worker's schedule?
- Do you have the right to control the worker's duties and job responsibilities?
- Do you provide the worker with supplies to do the work?
- Did you/will you pay the household worker $1800 or more (2013) for services in the year?
- Is the household worker is 18 years or older?
If you answered YES to ANY of those questions, then your care provider is an EMPLOYEE (not an independent contractor), according to the IRS. PERIOD.
It doesn't matter what the care provider calls themselves (title) and it doesn't matter if you pay them hourly or a salary. We do not get to determine worker classification; Worker classification is determined by the work performed - and is very clearly defined by the IRS.
What you choose to do is your business... but the law is very clear: anyone who works in your home on the schedule you determine, performing the job duties you have control over - is an employee.
Anonymous
05/06/2013 23:32
Subject: Taxes for night nurse/baby nurse?
I work as an overnight newborn care specialist. I mainly work as an independent contractor and file my own taxes. I report report my earnings and prefer to be paid by check or credit card to make my record keeping more simplified. Occasionally, I will do short-term engagements where I am asked by the emoyer to be paid in cash. I will usually charge a lower rate for cash. This is not my personal preference, though.
If I were to only be paid in cash, I would have no verfiable income or be able to establish and maintain a good credit history. Most agencies do little more than provide a false sense of security. Rarely do they cover us for liability, therefore this is another reason we work as IC's and maintain our own liability insurance.
I also agree with previous posters that there is no governing, licensing or regulating board for this work. The classes will do little to enhance your skill set and will only be a minor asset to your marketability.
I have worked hard over many years to build a solid reputation as an NCS. I have a BS and MA in somewhat unrelated fields, but I truly love what I do! I am welll suited to the hours, my background in mental health helps with my communication with families and my love of newborns shines through in skilled and loving care I provide.
I command an excellent and highly competitive salary reflective of my skills and experience. I am happy to provide this service above-board and to pay my own taxes as required. I hope this has been of some help to you, OP! If you are still looking for care, you may contact me at goodnightsleepbaby@gmail.com. Thank you!
If I were to only be paid in cash, I would have no verfiable income or be able to establish and maintain a good credit history. Most agencies do little more than provide a false sense of security. Rarely do they cover us for liability, therefore this is another reason we work as IC's and maintain our own liability insurance.
I also agree with previous posters that there is no governing, licensing or regulating board for this work. The classes will do little to enhance your skill set and will only be a minor asset to your marketability.
I have worked hard over many years to build a solid reputation as an NCS. I have a BS and MA in somewhat unrelated fields, but I truly love what I do! I am welll suited to the hours, my background in mental health helps with my communication with families and my love of newborns shines through in skilled and loving care I provide.
I command an excellent and highly competitive salary reflective of my skills and experience. I am happy to provide this service above-board and to pay my own taxes as required. I hope this has been of some help to you, OP! If you are still looking for care, you may contact me at goodnightsleepbaby@gmail.com. Thank you!
webbkathy
05/06/2013 11:32
Subject: Taxes for night nurse/baby nurse?
Anonymous wrote:Anonymous wrote:Anonymous wrote:I'm one of the PP's-
I am working towards becoming a Certified Newborn Care Specialist. I know this isn't official, but every Baby Nurse I have talked to (and this has been several) does their taxes an Independent Contractor.
The way it was explained to me is because they choose their clients, set their own hours, work short periods of time, work for several different clients over the year, etc.
Some specialized nannies meet the same criteria.
Can Kathy Webb weigh in on this?
There is no simple answer here - as someone else posted it is a gray area. A compelling argument could be made that they are Independent Contractors, and an equally compelling argument that they are employees. Treating the newborn care specialist as an employee is the safe, conservative route. In DC this is very common because of the political, reputational, and security clearance risks.
If you are going to engage the NCS as an independent contractor, you MUST also remember at the end of the year to issue a 1099. If you fail to do that, all bets are off because this simply looks like you are paying under the table. To the quoted poster's reasons that IC is okay I would add they set their own rates, and they maintain business formalities (they have a website, business cards they present you with a contract, etc.).
Get it in writing between the two of you - family and NCS - and make sure you get a full legal name, address and SSN for the tax reporting.
As to 'specialized nannies' I don't know what the poster is referring to here. By the standard definition of a nanny - whether full time, part time, or temporary/summer only - they are employees.
Anonymous
05/06/2013 09:11
Subject: Taxes for night nurse/baby nurse?
Anonymous wrote:Anonymous wrote:I'm one of the PP's-
I am working towards becoming a Certified Newborn Care Specialist. I know this isn't official, but every Baby Nurse I have talked to (and this has been several) does their taxes an Independent Contractor.
The way it was explained to me is because they choose their clients, set their own hours, work short periods of time, work for several different clients over the year, etc.
Some specialized nannies meet the same criteria.
Can Kathy Webb weigh in on this?
Anonymous
05/05/2013 20:41
Subject: Taxes for night nurse/baby nurse?
Lots of certificates and degrees are misleading. There are no guarantees that anyone with that piece of paper knows much of anything, except how to take a test (assuming they didn't cheat, lol).
Anonymous
05/05/2013 18:26
Subject: Taxes for night nurse/baby nurse?
nannydebsays wrote:Anonymous wrote:nannydebsays wrote:PP, how exactly do you know where the poster you have responded to is getting her certification? Did you go to an accredited mind reading course?
What are you referring to?
01:18 posted: I'm one of the PP's-
I am working towards becoming a Certified Newborn Care Specialist. I know this isn't official, but every Baby Nurse I have talked to (and this has been several) does their taxes an Independent Contractor.
The way it was explained to me is because they choose their clients, set their own hours, work short periods of time, work for several different clients over the year, etc.
Then 10:18 responded: You may want to spend your time & money getting training from an accredited school in newborn care.
Many find this "certified" NCS class to be questionable. Creating a training program you benefit financially from while also being the person to decide its good enough to "certify" you is just crazy. I could create a program and then certify you to the same effect. Means nothing.
At 15:35, I was attempting to determine how 10:18 had deduced where 01:18 was getting her training by asking "PP, how exactly do you know where the poster you have responded to is getting her certification? Did you go to an accredited mind reading course?"
No mind reading needed. It's the same "course" regardless of if she's doing it online or through someone the NCSA has deemed fit to teach it. End result is the same- the woman who created the program / test is the same woman running the NCSA and trying to pass that course off as resulting in being "certified."
There is a state accredited school teaching a newborn care program but they are knowledgeable enough about the industry to know there is in fact no independent certifying body. They provide a certificate of completion like you'd get from an accredited trade college- but they do not claim you are then "certified." Their program is actually overseen by an independent party (board of colleges and trade schools.)
May seem like semantics, but it matters. If I created a program, certified the people who took it, created an organization to make it seem more legit, the end result is the same. It means nothing in the end, IMO and that of many others familiar with it. Giving it false importance is frustrating and misleading.
nannydebsays
05/04/2013 22:25
Subject: Taxes for night nurse/baby nurse?
Anonymous wrote:nannydebsays wrote:PP, how exactly do you know where the poster you have responded to is getting her certification? Did you go to an accredited mind reading course?
What are you referring to?
01:18 posted: I'm one of the PP's-
I am working towards becoming a Certified Newborn Care Specialist. I know this isn't official, but every Baby Nurse I have talked to (and this has been several) does their taxes an Independent Contractor.
The way it was explained to me is because they choose their clients, set their own hours, work short periods of time, work for several different clients over the year, etc.
Then 10:18 responded: You may want to spend your time & money getting training from an accredited school in newborn care.
Many find this "certified" NCS class to be questionable. Creating a training program you benefit financially from while also being the person to decide its good enough to "certify" you is just crazy. I could create a program and then certify you to the same effect. Means nothing.
At 15:35, I was attempting to determine how 10:18 had deduced where 01:18 was getting her training by asking "PP, how exactly do you know where the poster you have responded to is getting her certification? Did you go to an accredited mind reading course?"
Anonymous
05/04/2013 21:21
Subject: Taxes for night nurse/baby nurse?
Anonymous wrote:Anonymous wrote:I'm one of the PP's-
I am working towards becoming a Certified Newborn Care Specialist. I know this isn't official, but every Baby Nurse I have talked to (and this has been several) does their taxes an Independent Contractor.
The way it was explained to me is because they choose their clients, set their own hours, work short periods of time, work for several different clients over the year, etc.
Some specialized nannies meet the same criteria.
Anonymous
05/04/2013 16:35
Subject: Taxes for night nurse/baby nurse?
nannydebsays wrote:PP, how exactly do you know where the poster you have responded to is getting her certification? Did you go to an accredited mind reading course?
What are you referring to?
nannydebsays
05/04/2013 15:35
Subject: Taxes for night nurse/baby nurse?
PP, how exactly do you know where the poster you have responded to is getting her certification? Did you go to an accredited mind reading course?
Anonymous
05/04/2013 15:06
Subject: Taxes for night nurse/baby nurse?
Didn't mean to totally discount your path, pp. I fully support what you're doing to increase your knowledge base and experience.
Anonymous
05/04/2013 14:15
Subject: Taxes for night nurse/baby nurse?
I never said I took a class or a test. I said was working towards becoming a Certified Newborn Care Specialist. I am a nanny who has over 12 years of experience and have worked with several sets of twins and 2 sets of triplets. I recently decided that I wanted to specialize in newborns and hopefully make the transisition to Newborn Care Specialist.
I'm working towards becoming certified with the NCSA by completing the required number of working hours (1800) with babies birth to 12 weeks of age within the past 2 years. Then yes after that, there is an exam to become Certified.
I know that certifications, exams and classes aren't the be all and end all. However, I don't think the NCSA Certification is all about taking a test and requires someone to have some experience as well.
I'm working towards becoming certified with the NCSA by completing the required number of working hours (1800) with babies birth to 12 weeks of age within the past 2 years. Then yes after that, there is an exam to become Certified.
I know that certifications, exams and classes aren't the be all and end all. However, I don't think the NCSA Certification is all about taking a test and requires someone to have some experience as well.
Anonymous
05/04/2013 11:57
Subject: Taxes for night nurse/baby nurse?
Lots of people are good test takers, and have lots of framed papers on the wall to prove it. You put some of these people on the job and they don't know what they're doing.
Anonymous
05/04/2013 11:55
Subject: Taxes for night nurse/baby nurse?
The only thing that does mean something,
is if you know how to do your job.
Period.