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SweetSmell Asked March 2021

If Mom pays me for being a caregiver, is there a tax implication?

We would sign the Personal Care Agreement, but do not know if I have to treat that money as income and if Mom would need to file a tax form with the Federal Government. Concerned that at some point she may have to go on Medicaid and they would want all the money she paid me back.

Stacy0122 Mar 2021
It is complicated.

So I live in one of the most liberal Medicaid states and a POA cannot be paid with a personal care agreement, it is a conflict of interest. So, you need to find out if you can legally enter into an agreement in your state.

If your mom can pay you, hire a fiscal intermediary to set up the EIN and process payroll.

A personal care agreement does not really mean squat imo. You need a timecard validating your agreement at FMV. Bogus agreements under FMV are rejected and can be considered gifting.

As Alva stated get a lawyer but do ask for suggestions on what to ask, write them down and go from there.

AlvaDeer Mar 2021
Yes. You should have a care plan and run it past a lawyer; worth an hour of their time. This way your Mom won't be considered to be "gifting" you, which would ruin her chances of having any financial help from Medicaid should she need it for as much as 5 years out. You will have to report this as income and your Mom give you a W2. Your duties should be written out. When you shop for her if you need reimbursement, etc. receipts should be kept. This is a financial transaction you cannot afford to do wrong. Don't take advice from Forums for important things that can have serious repercussions; see professional help and opinion.

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