I have a great Mom, age 91! She has a form of demetia that relates to her short term memory only. She can still function well and goes out to bingo each week, etc. and for the most part is very healthy and happy. I also have a great daytime care giver that spends the day time hours with her to keep her company,etc. I have a question that maybe someone out there can help with. My Mom has been paying her caregiver cash for the last year and will start paying her with checks very soon. Does my Mom have any liability for taxes or anything else that she should be aware of from a legal or tax standpoint? Anyone informaiton would be welcomed and appreciated.
Not a good situation on your end about $$ missing and if you don't trust this person, also not good. Any chance of finding someone else?
true true about the taxes.. but if a w2 is filled out the caregiver will have to report it and she will have to pay back taxes. ill have to ask my moms accountant this on thursday(what your moms liability is). shes coming for her last visit before she completely leaves it all to me. im very curious to know this tax question too.
It is important if the caregiver is being paid by the state to keep records if you pay her anything on top of that salary. It can just be a note in a ledger, 'for busfare' or 'holiday treat'...but do keep one & get her signature if you give her cash to make any purchases. In hindsight sometimes the person will reappear later and argue that she was employed by you/your mom if no records are kept.
As far as issuing a W-2, be very serious and consult your accountant before doing this. That will make you liable for employment, sdi, futa and social security taxes. Not pretty if it is a few dollars here and there.
As far as 'gifts' go.....usually in healthcare situations the whole issue of 'gifts' should be outlined in a policy. Please speak to your healthcare agency and find out the policy. You may then ask that the aide be counseled that she is not allowed to accept any money from the client. Let her know, and if need be, take steps to explain to your mom.....it is a slippery slope.
Carol wrote the book on this type of thing, so I will refrain from saying more - best policy is if you are uncomfortable about it, don't let it happen.
Do you have an accountant or someone you can talk to, KJ?
You were definitely right to be concerned. That is why there is a clearly defined way of keeping the professional relationship of a HHA or CNA from becomming 'new best friend'. We all want our parents to have as many contacts and relationships as possible - but by the same token the opportunity for an aide to take advantage is recognized.
KJ - glad to hear that your aide is 'independant' - assuming you have set her up with a W-9 and give her a 1099 at year end. You might want to check out the IRS guidelines on what is considered IC and what is considered employee - you owe it to yourself to know the criteria....the IRS is fairly unforgiving and you never know what might come back to haunt you. Unless your helper is a family friend or through a registry, do check it out.
Best,