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His lawyer set up his care agreement and said that we would just have to list the money as income on our 1040. Our CPA said that we would have to pay into SSI/Med but also said he didn't know anything about care agreements and wanted us to list the money as a gift. We know we can't due to Medicaid possibility.

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To the OP:
we’ve had trouble finding answers from the pros…there are accountants who fill out forms, and then there are expert-type accountants who have specialized knowledge. You need the later. Your attorney seems good.

i read it as you’re **not in the business of providing caregiving**, so this is 1099-MISC (miscellaneous) income to you, if the form is even generated - not sure if the fiduciary will create it, but as they’re keeping the books with Medicaid possibly down the road,they might. I believe that’s what Burnt and your attorney are talking about..If you wish to read on your own, start here: https://www.irs.gov/businesses/small-businesses-self-employed/family-caregivers-and-self-employment-tax

also, in my experience :) sometimes we ask what seems to be a simple question, and the real answer is “it depends”. I’ve seen that Pros don’t like to give pat answers because i might be the exception. (In your case, your income level may matter, who and how the income is reported (W2 or 1099 or neither), etc.)

Best wishes.
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Sportster,
I agree with your attorney, but if you don't trust his advice do get it in writing. THEN if you get in any trouble with the IRS now or later you will take in the advice you were given. While you might then owe some back money, you would be forgiven the interest I do believe given how hard you have attempted to do this correctly.
You can also call the IRS (expect a long wait online and expect someone working from home who will put you off with research and a reply by letter about 3 months out, but they WILL reply).
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If you have a lawyer and a CPA charging hundreds an hour unable to answer your question or agree on the tax implications here, what makes you think a forum of internet lay people can? And if we do, that our answers are valid in the eyes of the IRS ??? I'm quite sure they view "family" the same way they view non-family, too......as tax-payers.

I'd look for new "professionals" if I were you.
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Frebrowser Jan 28, 2024
Agreed. They may fine with elder law or regular income tax preparation, but the one who said to just lie and say it was a gift …?

Hopefully, Sportster04 has taken the question to someone who routinely prepares payroll taxes for caregivers.

There are all kinds of exceptions in the tax code, but I have not heard of one for adult children providing care to their aging parent.
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$$CPAs and lawyers have incredible experience and years of education. You have to think of it in the big picture that $350 for one hour of advice to file all of your taxes correctly is probably gonna be a lot less then what you would pay if you got audited.
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Sportster04: Locate a knowledgeable CPA.
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Ohio CPA here. If he is paying you for services, then, yes, that is personal taxable income to you. If he is merely paying his share of utilities, etc. that is not income. It would be better if he could just write a check directly to the utility companies to pay his share.
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Sportster04 Jan 3, 2024
LakeErie,
I think people are confusing my question and possibly you as well. Any money that we receive for care for my father in law will go on our taxes as income. What I'm trying to determine is IF we have to pay into "employment taxes" like Medicaid/SocialSecurity on this money as well??

Our Elder Law attorney that we paid a decent amount of money to says that we do have to claim this money as income but DO NOT have to pay into Medicaid/SocialSecurity per our contract and being Family. Me being a lay person who don't know much about taxes have read numerous IRS documents and I'm 50/50 on if we have to pay into those taxes.

Once we find a new CPA I am going to set up a meeting between the lawyer and the CPA so that they undderstand where our lawyer is coming from. I could have our lawyers firm do the taxes but he charges $500/hr and his other CPA's $350 so I'd like to find someone who isn't this expensive!

Thanks
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Confer with Elder Law Attorney. Tax advisors might help, but Elder Law Attorney may have additional advice, directions that may be helpful.
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Not sure if this is answering your question but I will put out there what we do. My father lives in our home 24/7 less the time he spends at his day club for Dementia clients. All my Dads funds are handled through a fiduciary because we had a problem with a sibling elder abuse prior to this that is why he is living with us. So my Dad pays our PG and E bill and all the groceries for our household which is him, my husband and I. He has a car that I use to drive him to his day club, doctors appointments and all the outings we go on.We only have trucks to hard for him to get into. His fiduciary gave me a credit card for the food and he has one for his personal items ie: medication, personal items, gas, oil changes etc with set limits. The fiduciary pays insurance and registration on his car from his checking account. If we need anything else that might be over and above for example we needed tires recently I told her and she made sure there was enough on card to cover expense. We live in California and the law here is you can't really get paid to take care of your parents because it should be your duty. He's lived with us going on 2 1/2 years and we did not start that system until 6 months after his residency here. It had been costing us all the time and extra expenses of an additional person that needed extra heat, and extra electricity extra food not to mention the 24/7 care that he needs along with all the medication dispenser and doctors appointment. If I were able to get paid for all the services we provide then I would have to claim it on my taxes. Even with my Dad paying for what he does it does not even come close to what he would have to pay monthly for just room and board at a facility that would not include all the extras.
So if your worried about having to claim it as income maybe you can have an arrangement like we have.
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I agree with the people who say that reimbursement for care is not income. Your father-in-law could pay a portion of utilities, food and other items that can be divided. He can also pay for his own health products, van transport if needed (I would think you could get reimbursed for wear and tear and gas if you drive him to appointments etc.), clothing, and anything else you buy for him that is not a gift. If he also pays rent, that seems to be the only thing that should be considered income.

Does he also pay for physical caregiving (bathing, dressing, feeding, pills, etc.)? That can be income as well and may be financially beneficial to you even if taxed. When my dad was living in my house, a company approached me and said I could be paid by them (I don't know if I would have been an employee or on contract) to provide caregiving to him.

I disagree with the people who say you shouldn't be asking questions here (and to the person who mentioned surgery, I would totally talk to regular people about an upcoming surgery; people who have been through the experience could give you good info you can take to the doctor). I like to be prepared when I go to a professional, especially something dealing with money since I know little about financial subjects), especially one who charges $300-plus an hour. That could add up fast if you have no input going in. You just shouldn't make assumptions based ONLY on lay people's perspectives and experiences, wise as they may be. Best wishes with your father-in-law and the financial situation.
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Sport, a rental agreement makes rent from dad taxable income. Share of costs does not. You have 2 issues that need clarification from the pros.

I really believe you would be best served, at dads expense, to get your attorney and CPA in the same room. Let them teach each other and you take great notes or record the entire meeting. This is a great example of why we are willing to pay professionals big bucks, they should know and be willing to share to ensure that your best interests are covered. Legally, of course.
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I would like to thank all of you who have responded!

I guess I was looking for people who may have gone through this and could share their results. I know the real answer is going to come from a knowledagble CPA on these types of matters as our old CPA was clueless!

We do have a "Rent Agreement" set up as well as we sold his home. Both the rental and care agreements were done as we expect him to have to go to a care facility and are trying to save some of the little nest egg that he built up.

If you have an actual signed care agreement done up with a family member living in your home, I would still love to hear how YOU are dealing with the income.

Thanks all!
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AlvaDeer Dec 21, 2023
As you said, income is the key word here.
If you have a "rental agreement" then that is your INCOME and it is reportable as such to the IRS. Not doing so means that checks written to you by your parent are "gifting" and if your parent is gifting then your parent cannot get Medicaid in future when/if needed.

If you instead have (in many states) a "shared living expenses " agreement, then your loved one is paying their share of living, not gifting.
If you instead have a "shared living expenses" then you are not being PAID and don't owe taxes; you are simply being reimbursed for heating, lighting, food, upkeep, and etc.

This is all so important, that once again, you don't want opinions of a Forum. In fact, an Elder Law Attorney is your BEST way to go if you haven't yet done this important legal work.

Again, no one's experience or opinion is adequate to take care of important questions like this. Get help. In fact your senior's funds go to pay for THAT, too, esp. if you are POA, and you SHOULD be in this case.
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You will follow the advice of a good CPA.
This gets complicated and isn't DIY material.

Much depends on how a contract is written and where it is written. State's rules differ. And there is a difference between "payment for care" and "reimbursement". And a difference between "shared living expenses " say for mortgage, bills, costs of needed renovations, and etc. and "payment for care" which is taxable and reportable as income.

We are just caregivers. You don't need the opinions of caregivers on a Forum on this stuff. When you need surgery you don't go to a Forum and when you need tax advice you shouldn't either. Speak with the CPA and show your contract for care.
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Are you caring for FIL in your home? Maybe it should be set up as room and board. That way its just contributing to the household. Paying his share.

You are asking lay people to answer a very complicated question that you have a lawyer and a CPA not agreeing on. Maybe the CPA is not familiar with Caregiver IRS law. So find one who is. I go with the lawyer.

And yes, child support is not taxable but I am sure I had to put it on my taxes when I was receiving it.
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What I am saying is pay the attorney and CPA to work together to get the facts of your specific situation sorted out.

If you do that this year, then it will be established how it is done. Obviously, tax laws change year to year but, for a licensed professional these changes are easy to track, so your CPA should be able to follow and notify you if anything changes in a substantial way. (Heads up, things will be changing and none of us are going to like it but, that's next years worry.)

Personally, I would have a meeting in my attorneys office with my CPA present and get this sorted out. Bring ALL of your tax documents, as though you were preparing your returns, and ask both parties, in writing, what else they need you to bring to get this dealt with.

UGH!! Professionals with their billable hours seem to make things harder than need be.
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So, are you saying to have his lawyer do the tax return for this upcoming year and then do it ourselves afterwards??

The lawyer did send this link to our CPA: Family Caregivers and Self-Employment Tax | Internal Revenue Service (irs.gov) see less

Looks like the link isn't working.
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Yes, we know this is Not a gift and don't want it to be so due to Medicaid issues.

The lawyer who did all of our documents is known for dealing with Estate law, Medicaid and trying to keep as much money out of their hands. They said we do Not pay taxes on it and if we wanted to use his firm to do taxes they charge $350/hr which is one reason why I'd like to use a different CPA.

I would think that they (lawyer) had done this for multiple clients and if it were taxable someone would have gotten in trouble with the IRS for Not doing so. Our CPA doesn't know the answer so he asked us to find a new one if we wanted to Not have taxes taken out.

Thanks
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Isthisrealyreal Dec 21, 2023
So your attorney won't advise your CPA on the laws he implements to keep this tax free?

I would request that service and pay the money to get this established on the 1st year return with this new "income". Then it is just repeated annually.
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Your CPA would know what the rules and regulations are for income. I would listen to them.

Just so you know, yes, 1040 income is taxable and that means SS/Medicare 15.3% is payable by you, (unless you exceed the 160k FICA taxable income cap) one benefit is that the 7.65% that is employer match is 100% deductible. So you aren't really getting hit with that extra tax.

Unfortunately, many attorneys forget or don't know to inform clients that income is taxable and what your overall financial situation is will dictate what that means exactly.

If this throws you into a difficult situation, it is time to modify the compensation agreement to make it work for you.
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Isthisrealyreal Dec 21, 2023
I forgot to add, is dad paying his share of costs for the actual household, like part of the rent, utilities, food? Is he paying for all of his personal needs separately or is all of this part of your compensation?

If it is all inclusive, that needs to change. Dad should be paying all the above separately from your care contract. None of the share of costs would be income to you.

If it is inclusive, you can increase your care contract for 2024 to offset what the agreement cost you for 2023. But, get that separated starting for 2024, there is no reason to have everything under your care contract, not even medicaid thinks people live for free, he can pay for his room and board without fear of penalties, especially since you have a care contract.
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You don't list the money as a gift because it's not a gift. It is payment for caregiving services.
In some states it is not considered income and not taxed either (up to a certain amount).

Your best bet would probably be to speak to an accountant and visit the tax department in city hall where you all live. If they cannot answer your question about whether or not this is taxable income, they will certainly be able to put ypu in touch with the people in the state who can.
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Isthisrealyreal Dec 21, 2023
The OPs CPA stated they owe tax on the income. They would be the ones to know.
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MeDolly, did you receive money from a family member as well? Can you elaborate on your situation?
I know it needs to be listed as "Other Income" but the IRS publications get muddy when they talk about family members and if you are considered a employee or contractor.
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BurntCaregiver Dec 21, 2023
In some states like Connecticut, a family member can get paid for being a caregiver and that money is not considered income. It is also not taxable. Of course it has amount limits.

It's like child support. You don't claim child support as income and pay taxes on it when you're the parent getting it.

In some states family caregivers can get paid and that payment is tax-free. The OP may be living in one of those states.
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Yes, this is taxed.
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BurntCaregiver Dec 21, 2023
You don't know that for a fact. An accountant would be the person they should talk to.
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You need to declare it as income. And pay income tax.

I would read the relevant IRS bulletin of self-employment taxes.
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BurntCaregiver Dec 21, 2023
You don't know this for a fact either, Barb. There's are a lot of resources out there that families don't know about. If a state has a family caregiver program, the caregivers are not subject to paying taxes on what they get paid for it.
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