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When the decision has been made to hire an independent, in-home caregiver instead of a home care agency, it is important to understand the definition of an independent caregiver and a household employee according to the Internal Revenue Service IRS.

The term independent caregiver is commonly used to describe a home care professional who does not work for an agency. Thus, the family hiring the independent caregiver takes on all the responsibilities of being an employer, which includes payroll and taxes.

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The reason for this deation is because when one hires a caregiver, the employer has control over what time they arrive, their activities, etc. In contrast, an independent contractor has the freedom to choose what days and hours they work. But as mentioned before, for tax purposes, the caregiver is considered a household employee. Before hiring an independent caregiver, it is important to determine the level of care that an elderly loved one requires.

This individual might require medication and need extensive care five days a week to allow their primary caregiver to work. These two individuals require very different levels of care and care activities. Once the level of care has been determined, a job description should be written that is as detailed as possible. All duties the caregiver is to perform should be detailed in the job description. These could include:. The personal qualities one is seeking in a caregiver also should be covered.

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Such as a patient individual with a cheerful, upbeat personality. There are two factors that go into determining the pay rate for independent caregivers: federal law and local market pricing. Independent caregivers are considered household employees, and household employees are considered non-exempt employees.

Family members or related caregivers are not exempt from this law.

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However, some states and cities have set a higher minimum wage. For instance, in Illinois, the minimum wage is higher in Chicago than in the rest of the state. To see minimum wage by state or region. Regional economic factors greatly impact the hourly rate independent caregivers are paid. In just a few isolated areas, caregivers make minimum wage. The average hourly rate for home care agencies is available here. There are many avenues in which one can find an independent caregiver. Another great resource is to contact your local Area Agency on Aging AAAand ask if they know of any senior caregivers in the area in which you live.

An initial interview over the phone can help narrow down applicants before interviewing in person. The next step would be in-person interviews and are more in-depth. Ask applicants plenty of questions and cover topics such as:. Once a caregiver has been chosen, a background check is very important. A background check may include the following:. There are several ways in which one can have a background check conducted.

For instance, one may go through a law office or a private investigator, as they often have specialized databases, allowing them to do background checks.

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Make note, formally, one needs a ed release from the potential caregiver in order to perform a background check. Once an independent caregiver has been hired, a job contract also known as an employment contract needs to be ed. This is a written agreement, and should include the following:.

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This is an important way to protect oneself as an employer in the event questions arise about what the job entails. An example of an independent caregiver contract agreement can be found here. The caregiver should two copies, one for the caregiver and one for the employer. Having a newly hired employee makes the family the employer, and as an employer, there are certain tasks one must complete. While initially these seem confusing and daunting, know that there are services that can help and that for the most part these are one-time activities.

This is a nine-digit identification one obtains from the IRS. Apply for an EIN online. Register with your state revenue department as an employer to get a state tax identification .

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Most states require that employers get two state tax identification s. These s are for state income taxes and state unemployment insurance.

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For a list of state tax agencies. Make note, not all states have income tax. Furthermore, New Hampshire and Tennessee only tax income and interest earned on investments.

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This insurance protects both the employer and employee if an injury happens. For example, if an independent caregiver is hurt at work, this type of insurance will cover medical expenses and lost wages. Most states require employers to get Workers Compensation Insurance. To find out which states require this type of insurance.

Citizen or a legal alien. One can download Form I-9 here. Complete a Form W It must be filled out prior to the first pay period.

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To download this form. Note, household employees, such as private caregivers, are not required to have federal income tax withheld from their paychecks. However, they may do so if they wish. To assist one in determining how much federal income tax they would like deducted. Complete a State W However, as mentioned ly, not all states have income tax. For those that do, some allow the same withholdings as for federal income tax. Make note, states often refer to the state W-4 by a different name.

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Report the new hire to the state. Some states accept a W-4 for the purpose of reporting a new hire. However, not all states do. Locate the website for each state in regards to new hire reporting here.

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Make note, in most states, one must report a new hire within 20 days. However, some states require new hires be reported in fewer than 20 days. For example, if one of the job duties is to prepare meals, it is important to train the caregiver on what type of meals should be prepared. If the care recipient is diabetic, their meal plan will be very different from someone who has no health issues. As another example, if light housecleaning is a required part of the job, showing the caregiver exactly what one would like done and where the cleaning supplies are is key.

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Another facet of being an employer of an independent caregiver is managing the caregiver. This means making sure one shows up to work and is on time, completes the required duties, does a good job, and so forth. Also, as part of managing a caregiver, one should expect to handle any issues or concerns that may arise from any of the parties involved. This can include firing an employee if the need arises and being sure to document the reasons why.

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As employer of an independent caregiver, managing payroll can be a challenge. It includes calculating hours and pay, reporting payments to federal and state agencies, withholding and paying Social Security, Medicare, federal and state income tax, and Federal Unemployment Tax. For each tax and withholding, a complicated formula must be followed.

Learn more. Once an independent caregiver has been hired, first one needs to figure out the pay period, which is the starting and ending dates for which an employee is paid. Pay periods might be weekly, every other week, or once a month. ZIP:

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