One common concern for fiduciaries who oversee home care: how should they handle household payroll? Are in-home caregivers independent contractors? Or must the fiduciary withhold Social Security and taxes from their paychecks?
As we explain in this week’s podcast, in-home caregivers are almost always employees. They simply do not meet the standards set out by the Internal Revenue Service for treatment as independent contractors.
Join us as we review some of the considerations facing fiduciaries who hire caregivers, including:
- How complicated it actually is to manage a household payroll
- What liability the fiduciary (trustee, conservator, financial agent) might have for making the wrong choice
- The benefits to employees who are hired on payroll
- The distinction between “salaried” and “exempt” employees
Once you’ve listened to this episode, you might have additional questions. Of course our podcasts are not individual legal advice, and we can’t represent you based on your online questions. But we do benefit from seeing our listeners’ questions — on this and other issues. Let us know what lingering concerns you have about household payroll for in-home caregivers, and maybe we’ll be able to address some of your questions in future discussions.
Also: talk to your CPA about household payroll. They hold a unique position from which to advise you and help steer you to the right resolution.