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IHSS Payments - are they now taxable by California or not?

So I started doing my California state tax return and I ran across a section that confused me.

 

1. Does ... or ... have tax-exempt Medicaid waiver or IHSS payments?
2. Is the amount of Medicaid waiver payments, IHSS payments, or IHSS supplementary payments already included in ...'s $... of state wages?
3. Would you like to include these payments in ....'s California earned income?

 

I do not live with my recipient, although she's my mother, and I know my IHSS payments are federally taxed. But since the 1st question was not clear as to whether it's "federal tax-exempt IHSS payments" or "IHSS payments" period. Then upon checking an FTB link I ran across "New: IHSS income may now be excluded from gross income (excluded from taxation) and still be included as earned income for purposes of determining the California Earned Income Tax Credit." I'm inclined to assume that I'm not taxed by California for these earnings? Is that correct? If so, when did this start? 

 

Assuming, this is correct, and the answer to question 2 is a yes, what does the 3rd question really mean? Which answer will give me an advantage or does it all depend on my overall income? Thank you. 

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30 Replies
ColeenD3
Expert Alumni

IHSS Payments - are they now taxable by California or not?

No, it is not taxed federally nor by CA. You can include it to receive EIC. If you get a W-2 with earnings, you have to include the income and then back it out again to show that you are reporting it, but that it is not taxable.

IHSS Payments - are they now taxable by California or not?

Thanks ColleenD3,

 

"No, it is not taxed federally nor by CA"

 

I was under the impression that it IS taxed federally, since I do not live with my recipient. Is this something new where it's exempt from federal tax? 

ColeenD3
Expert Alumni

IHSS Payments - are they now taxable by California or not?

No, you are correct about the Federal portion. 

 

Certain Medicaid waiver payments you received for caring for someone living in your home with you may be nontaxable. If these payments were reported to you in box 1 of Form(s) W-2, include the amount on Form 1040 or 1040-SR, line 1.

IHSS Payments - are they now taxable by California or not?

I stumbled across this and decided to clear things up.

 

In the author's situation, federal and CA taxes are due. You DON'T live with the recipient. The W2 has fed and state income reported.

 

When you live with the recipient things change. In this case income isn't taxable by fed or state (CA). Refer to IRS notice 2014-7.

A rulling for CA taxes in 2021 (i think) concerns the CAEITC. If you didn't report taxable income for IHSS you have the option to use that income to calculate CAEITC.

 

Hence why the questions look so confusing.

Vdvita77
New Member

IHSS Payments - are they now taxable by California or not?

So where do i enter the amount and how do i back it out?

CatinaT1
Employee Tax Expert

IHSS Payments - are they now taxable by California or not?

Tax-Exempt Medicaid Waiver Payments from IHHS 

TurboTax can exempt income under Notice 2014-7 per the IRS instructions for Medicaid Waiver payments from IHHS. 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. Additionally, you can choose to use this income to calculate Earned Income Credit. Regardless, the income will remain non-taxable.    

 

This tax-exempt income can be reported to you differently depending on the State and County you live in. You might receive a W-2, 1099, and no form at all.  

 

See the instructions below for how to report this depending on how the income was reported to you. 

 

If you received a W-2 with $0 in Box 1: 

  1. Sign in to TurboTax Online, click Continue to your return, then pick up where I left off (if you are using TurboTax CD/ Download, then just open your return on your computer);    
  2. Click on Federal Taxes, and then click on Wages & Income;    
  3. Under Wages and Income, click Start;     
  4. Click on Work on my W-2, and enter the information as reported on your W-2.    
  5. After entering all your W-2s, you will see the screen, Let’s check for uncommon situations. Next to Nontaxable Medicaid waiver payments, check the box. 
  6. You will enter the amount of Medicaid Waiver Payments into the box asking for the total amount of difficulty of care payment you received from IHHS. This will be the same amount reported in Boxes 3 and 5 of your W-2. 
  7. When you get to the Earned Income Credit section under the  Deductions and Credits portion of your return, you will be asked if you want to add your Medicaid waiver payment to your income for this credit. You can try it both ways, including it and excluding it from the calculation for the credit and see which way benefits you most. 

 
 

If you received a 1099 or no form: 

  

  1. Sign in to TurboTax Online, click Continue your return, then pick up where I left off (if you are using TurboTax CD/ Download, then just open your return on your computer);    
  2. Click on Federal Taxes, and then click on Wages & Income;    
  3. Scroll down to Less Common Income;      
  4. Click on Start next to Miscellaneous Income, 1099-A, 1099-C. 
  5. Click on Start next to, Other income not already reported on a Form W-2 or Form 1099;     
  6. Answer Yes to Did you receive any other wages?;     
  7. Leave blank the box for Wages earned as a household employee and click continue; 
  8. Leave blank the box for Sick or disability pay and click continue;      
  9. Enter the amount of Medicaid waiver payments on Certain nontaxable Medicaid waiver payments not reported on Form W-2, and click Continue. 
  10. When you get to the Earned Income Credit section under the  Deductions and Credits portion of your return, you will be asked if you want to add your Medicaid waiver payment to your income for this credit. You can try it both ways, including it and excluding it from the calculation for the credit and see which way benefits you most. 

 
For more information, refer to IRS Notice 2014–7, 20144 I.R.B. 445 and the IRS FAQs.   

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IHSS Payments - are they now taxable by California or not?

@CatinaT1 :  Thank you so much Catina for this very helpful information.  I'm dealing with this situation (live in provider for IHSS with a W2 with $0 in Box 1) and followed your instructions below.  However, I am getting an error message during the review section before I file.  

 

This is the first time I use the software (previously I used an accountant every year).  The message I get is that the software says:  We Won't Be Able to E-file Your Return.  It looks like you have a tax situation in your federal return that makes it ineligible for e-filing, according to IRS Rules.  One of the W-2's doesn't have an amount in Box 1 or the amount is less than $1.  If there is an extra W-2 added to the return by mistake, delete the extra form.  Otherwise, the return must be filed by mail.

 

Can you help with this?  I have never had to file by mail and I have had this same situation with the IHSS W2 in the years past showing $0 for Box 1 and haven't had an issue with e-filing so I'm not sure what the issue is.  Any assistance you can provide would be greatly appreciated, thank you!

 
CatinaT1
Employee Tax Expert

IHSS Payments - are they now taxable by California or not?

Instead of putting 0 in box 1, put a number 1. This will allow you to e-file then and will not change the result of your return.

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IHSS Payments - are they now taxable by California or not?

Thanks @CatinaT1  for your response.  This brings up a couple further questions. 

 

First question is if I put a $1 in Box 1, would I still enter the amount of Medicaid Waiver Payments into the box asking for the total amount of difficulty of care payment I received from IHHS (the amount reported in Boxes 3 and 5 of the W-2)?  Or would I no longer do that? 

 

My second question is this.  I do have other W2 income to list.  I think I read this somewhere else on here and elsewhere but can I just skip entering in any W2 info for IHSS income since my W2's for IHSS list a 0 for Box 1?  Is it better to skip entering this in turbotax or do you not recommend it?

 

Thanks!

CatinaT1
Employee Tax Expert

IHSS Payments - are they now taxable by California or not?

I'm only suggesting you change the 0 in box 1of your IHHS W-2. Leave everything else as it. It will not effect anything else on your return and don't skip entering it.

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IHSS Payments - are they now taxable by California or not?

Thanks again @CatinaT1 , I'll reach out if anything else is needed.  

IHSS Payments - are they now taxable by California or not?

Hi @CatinaT1 , I wanted to give you an update.  I did not file yet and I was able to make it work review wise with no further errors.  But I wanted to let you know what I did.  So I followed your instruction on check-marking "Nontaxable Medicaid waiver payments" in uncommon situations and I entered the amount of Medicaid Waiver Payments into the box asking for the total amount of difficulty of care payment received from IHHS (same amount reported in Boxes 3 and 5 of the W-2).

 

I then entered $1 in Box 1.  But I ran into a problem.  I actually have two of these W2's (two different people, same household) so I have the same situation.  The system did not like that both W2's said $1 in Box 1.  I talked to a person or two here and they recommended I proceed with $1 for one and $2 for the other for Box 1 if I wanted to be able to e-file and get around the error message.  That along with the steps above actually took care of the error message and I no longer receive it.  Just wanted to see what you thought and ask you if I should handle this differently?

 

Thanks again!

CatinaT1
Employee Tax Expert

IHSS Payments - are they now taxable by California or not?

I agree. I didn't realize you had 2 w2's that were both IHHS income. You shouldn't have any issues efiling.

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IHSS Payments - are they now taxable by California or not?

Great, thank you @CatinaT1 .  If anything else comes up, I'll let you know.  I really appreciate all of your help!

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