hello there, I currently provide respite care for a younger special-needs sibling 24 hours a month. I live within the same household as my sibling and our parent receives IHSS in the state of California as a caregiver for him. Because I know that our parent does not have to file taxes for being a caregiver for him due to living in the same household, and it being considered non-taxable income, would this apply to myself as well? When I asked my employer, OneWell, they cannot give me a straight answer, so I figured to ask the tax professionals here for some insight. I automatically get taxes taken out of my paycheck each month and I filed both states and federal taxes already just to be on the safe side, but I’m seeing from other people in my situation I shouldn’t have.
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Yes, the same tax-exemption rule generally applies to you. Under IRS Notice 2014-7, if you provide care (including IHSS and certain respite services) and live in the same household as the recipient, that income is considered a "difficulty of care" payment and is excludable from your federal gross income. California also follows this rule for state taxes.
OneWell is a third-party agency. Unless you have officially certified with them that you live in the same household, they are legally required to treat you as a standard employee and withhold taxes.
To stop federal and state income taxes from being taken out of your future checks, you typically need to file a Live-In Self-Certification form with your employer/the state. Form SOC 2298: This is the standard California form for IHSS providers to certify they live with the recipient. Here is a link to the form to download, print, and submit to them.
OneWell Internal Forms: Since OneWell is the employer of record for your respite hours, they likely have their own version of a "Notice 2014-7 Self-Certification" or a "Live-In Provider" form. You should ask their HR department specifically for the "IRS Notice 2014-7 Exemption Form."
Since you already filed your taxes and likely included this income, you may have overpaid. You will need to amend your return to receive a refund for those taxes. If you used TurboTax, here is how to amend.
Amending your taxes in TurboTax to exclude IHSS/Respite income under IRS Notice 2014-7 is straightforward, but the steps depend slightly on whether you received a W-2 or a 1099. Since you mentioned getting taxes taken out, you likely have a W-2.
Here are the exact steps to file your Form 1040-X (Amended Return) within TurboTax:
In the "Explain why you are amending" section, type something clear and simple:"Excluding income under IRS Notice 2014-7. I am a live-in care provider for my sibling, and these Medicaid waiver payments are excludable as difficulty of care payments."
State Taxes: TurboTax will automatically prompt you to amend your California return (Schedule X) as well. California follows federal law here, so your state taxable income should drop as well. To activate the amendment process and allow the data to transfer from your federal return, open your state tax return and continue through the return so that your Ca stte return is amended as well.
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