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You are correct. The difficulty of care payments are not taxable. IRS Notice 2014-7
If you received a W-2: Enter your W-2 as usual like any other W-2. Next follow these steps to complete the action of removing this income from your return.
When you return to the Wages & Income page, scroll to see the negative income beside Miscellaneous Income, 1099-A, 1099-C; This will remove the income on your return.
If you received a 1099-NEC and you qualify for earned income tax credit (EIC): Enter your difficulty of care payments using the following steps (do not enter the Form 1099-NEC).
Because the IRS ruled that this income does qualify for earned income tax credit (EITC) purposes means the employee portion of social security and Medicare taxes must be paid.
Follow these steps to remove the income from your tax return.
When you return to the Wages & Income page, scroll to see the negative income beside Miscellaneous Income, 1099-A, 1099-C; This will remove the income on your return.
Thank you thank you! You just save me from paying over $300 back in taxes. I really appreciate the reply and the help!!! It made my day 😄
You should be aware that difficulty of care payments are usually NOT reported on any tax form. In other words, you shouldn't be getting a W2. You simply ignore the DoC payments on your tax return. From the IRS notice on DoC payments:
In my experience (which is admittedly limited to my own situation and a handful of conversations with others), the organizations that make difficulty of care payments are already familiar with this policy and will automatically do the right thing and NOT send you a W2 or a 1099-MISC. If you are getting a W2, it would be worth talking to the source of your payments to be sure it actually does qualify as DoC, and if so, get them to correct it in their system. You don't want to inadvertently declare something as difficulty of care if it's actually wages.
That makes total sense. Thank you very much for the easy to understand explanation. I really really appreciate it!!!
I followed your procedure, TurboTax says the number has to be a positive number, and it won’t let me e-file. I called TurboTax and the gentlemen said I would have to mail it in. Thanks a lot. [PII removed]
I had followed the directions and it does take out the “Difficulty of Care “ income. However, when I try to e-file, TurboTax says “CHECK THIS ENTRY WAGES, SALARIES &TIPS WORKSHEET:TP OTHER EARNED INC SHOULD NOT BE LESS THAN ZERO “. TurboTax will not let me e-file. PLEASE HELP!
The entry for IHHS income changed this year. You will enter your W2, even though it shows $0 in box 1. This will also allow you to claim earned income credit if you choose.
Since you are getting this error, I would try deleting the W2 and re-entering it. There may be something hung up in the W2. Also, clear your cookies and cache or try a different browser.
TurboTax can exempt income under Notice 2014-7 per the IRS instructions. This Notice provides that certain payments received by an individual care provider under a state Medicaid Home and Community-Based Services Waiver (Medicaid waiver) program, are difficulty of care payments and excludable as income. You can choose to use this income to calculate Earned Income Credit. Regardless, the income will remain non-taxable.
This is how you will enter your W2:
You will then get to choose if you want to include the income for Earned Income Credit or not.
For more information, refer to IRS Notice 2014–7, 20144 I.R.B. 445 and the IRS FAQs.
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