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This year is so screwed up due to Covid. So what you need to do is research if your state passed essential worker/caregiver hazard pay act. Here, they all were required to get $2 extra per hour and received a $1600 bonus. If your state did the same, did you comply with the rules?
Your situation is complicated so more info is needed.
If payment is "under the table", and if your Mom later need to use Medicaid [which is different from Medicare], Medicaid may see those check payments as "gifts".
Also, please note, if one has a private caregiver who is not employed by an Agency, the homeowner would need to check with her home insurance carrier. She may need to have a "Workman's Comp" police in case her caregiver becomes hurt on the job.
You even have to send your attorney one if you pay more than 600.00 annually to them for services provided.
As for contracts, check with your State laws if minors who do lawn mowing can even sign a contract. And check with your home insurance to see if you are covered if a worker gets hurt on your property.
I have a guy [adult] who has been mowing my lawn for over a decade. He's an independent contractor. Thus, I don't do any payroll taxes, etc. and that is for him to take care of on his own. But I do have an "umbrella policy" insurance just in case he or anyone else doing work gets hurt. Those policies are affordable.
- you are their only client
- you dictate when and where they work
If you are not the caregiver's only client then I think it is safe to say this person would be considered a contractor. If it turns out they are (as defined by your state), you are not responsible for any employment taxes, they are. I'm not sure what type of wage reporting (if any) you are required to do. Again, you must know what the rules are in your own state.
We have all our individual contractors sign an agreement no matter how long we've known them. You need to be protected and a contract helps to clarify the relationship. Paying by check or other "trackable" methods (like PayPal) is recommended.
If there is no agreement in place if mom needs Medicaid within five years payment to caregiver will be thought to be a gift, making mom ineligible for Medicaid until five years has passed since last under the table was made.
This could easily jeopardize mom's Medicaid eligibility. Get it done legally to protect mom. Sibling is right.
state, it’s her employers responsibility. Your sibling is actually right about possible repercussions. Aside from the IRS catching wind that the caregiver is paid under the table, if your mother will need medicaid for long term care in the next few years, you will have a hard time explaining where the money went since there is no actual paper trail.