He will receive 30 hours of care per week. The caregivers will help with meal preperation, cleaning, shopping, doctors' visits, medication supervision, and companionship. The person being cared for can use a walker and he has all of his mental faculties.
You can of course take the risk of paying in cash under the table. Your choice! If you hire through an agency they will take care of all the legal stuff but the hourly rate will be greater
Keep contemporaneous records of exactly what you pay and report it on your income tax form. Remember that it is only deductible if it exceeds 2% of your adjusted gross income. Inform the caregiver that you will be treating them as independent contractors and they need to pay self-employment taxes on the amount they receive. If you are paying the person what you would have paid the agency, the caregiver should be delighted to do the extra paper work. Since you aren't a business, you shouldn't have to produce a Form 1099. This is entirely above board and legal.
So when I moved to 48 hours I paid thru payroll utilizing the services of the accountant that my mother used for her businesses. Honestly, not the best idea I ever had, but it worked for the most part.
Then the POA announced that mom's money was running out and I had two months to figure something out. I know what you are thinking. Why was that my problem. Well, because mom lives with me and the other siblings, including this POA, are useless. So I started the process for Community Medicaid to keep mom home with me. My mom is disabled due to the dementia. Now the aides are paid thru an agency. I submit the timesheets and I'm done with that part. However, I am responsible for hiring and firing, with the support of the agency. If an aide does not show up or goes on vacation, the agency does not have people standing by to fill in. The upside of this situation is Medicaid is paying for the aides. The downside is the agency doesn't pay very well and it's hard to find good aides, and ones that will stick around for the long haul.
Your FIL is mobile with a walker and has all his mental capacities which is awesome. This way he can let you know of any issues that come up with the caregivers. It sounds like you may live a distance away, so it's important that he can talk to you and let you know what's going.
I believe if you do a little research you will find the IRS does not look at cash payment as being appropriate. Therefore, it would be hard to deduct that on your taxes. Also, different states may have different rules, so it is worth checking into. Take care of yourself and good luck.
You must treat the caregiver as an employee...that means doing the tax withholding and withholding for social security and Medicare tax. If you get caught not doing that it will be 100% on you to pay all the back taxes (including the portion that the employee would have paid) and serious penalities and fines. The IRS defines every in-home care giver as an employee!
Most people do get caught. The caregiver files a worker comp claim...oops..caught. The caregiver files for unemployment after the jobs ends....oops. Caught. Caregiver list you as employer for insurance premiums...oops caught.
There are several payroll services that will do this for you with minimum pain. Signup with one.
I was going to leave it there but I'm cross.
You've got caregivers lined up to spend 30 hours a week ensuring the safety and wellbeing of an elderly man living alone. Do you want this job done well? Do you expect professionalism and competence from these people? Do you hope to be able to rely on their personal integrity?
No, of course not: you're too busy wondering if you can slip them a few bucks under the table and not bother with little things like their employment status and tax records.
For your FIL's sake, I hope you were a bit more conscientious when it came to screening.
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