HHA/PCA

[Vic772]

I am a home health care aide for my husband, I get paid thru a Health care agency who gets payment from the DOL on my husbands behalf. He is a cold war patriot. there are conflicting messages some say I do not have to pay self employment tax and then there are those who say of yes you must pay self employment taxes. 

[Vic772]

I received a 1099 misc from the Health care co, but depending on the ruling argument tax attorneys, IRS agents none can define the answer....do I or do I not pay self employment taxes? does this fall under the home health care aide for family? . either i do or do not pay self employment taxes. 

[DaveF1006]

The answer depends on the specifics of your situation. Generally, if you received a 1099-MISC for providing home health care services, you may be considered self-employed, meaning you would need to pay self-employment taxes. However, there are exceptions.

1. According to the IRS, if you are providing care for a family member and are not engaged in the trade or business of caregiving, you may not owe self-employment tax. For example:

• If you are caring for a spouse who was injured and permanently disabled, and you received payments from an insurance company, you likely do not owe self-employment tax.
• If you are caring for grandchildren so that your child can work, and you received payments from a state agency, you likely do not owe self-employment tax.

If you care for anyone other than family, then you are an independent contractor needs to pay self-employment taxes.