My mom is moving in with me and is disabled. She receives disability and applies for food stamps. She is going to pay me $400 a month in rent and I am going to pay her $400 a month for child care to watch my kids in our home. I will not claim the child care credit as I don’t see the need to but my question is does either one of us need to claim anything or pay taxes on anything since basically these charges cancel out. On her food stamps paperwork she will state that I charge her rent/utilities but then we also pay her for child care so idk how this works or if this situation will get us in trouble if something is owed tax wise even though we won’t claim the child care credit?
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Seems to me like the simplest way to handle this would be for no money to change hands. You are taking care of your mother by providing housing and she is repaying your generosity by looking after the kids.
I agree with Champ Bsch4477. Family cost sharing/grandma babysitting is not something that has to be entered on a tax return. If you are not trying to enter a childcare credit on your own tax return there is not a reason to "pay" your mother for babysitting and then charge her for rent. One thing---if you claim your mother as a dependent on your tax return she cannot receive a stimulus check. And if you claim her as a dependent you would not be able to get the childcare credit because someone who is your dependent does not qualify as a childcare provider for whom you can get the childcare credit.
The reality is that your family member is living with you and will help care for your children. This is something families have been doing since we lived in caves, and there's no reason to make a fuss over it.
Doing something on paper that is different than reality just to get a tax or other financial benefit, is usually a bad idea and can sometimes even be fraud. Do you really need the food stamps? If she has to claim rent to qualify, you may be committing welfare fraud. You may want to have someone review with you the laws of your state.
For federal income tax purposes, if you report that she pays rent, you will need to file a schedule E. You can deduct part of your utilities and other household expenses up to the amount of your rent, but you won't be allowed to show a tax loss since this is a relative and probably below fair market rent. Doing this will make some of the proceeds of selling your home taxable down the road, even if you normally qualify for the capital gains exclusion. Keep all your rental paperwork for at least as long as you own the home plus 6 years after you sell.
If you pay her $400 per month to watch your children, she is your household employee. You will need to give her a W-2 at the end of the year, and pay household employee's tax on your tax return which will amount to an additional 15.3% of her wages. She may or may not be required to file a tax return depending on her other income.
This is what you have to do to make it look on paper that you hired your mother who is also paying you rent. I wouldn't do it that way, I would just let her live with you and watch your kids. If audited, I would be afraid that it looks like a sham. You may wish to have the situation reviewed by a tax and law expert.
@Texmex09 wrote:She is going to pay me $400 a month in rent and I am going to pay her $400 a month for child care to watch my kids in our home.
If that is what is happening, you need to report the rental income on your tax return and the money you pay her is income for her. If you qualify for the Dependent Care Credit, you should claim it. There is no reason not to.
They don't cancel each other out for tax purposes. Bartering is taxable.
They also may not cancel each other out for government benefits, such as food stamps and disability payments. If she is claiming she is paying rent, then she also need to claim her income that you are paying her. As Opus mentioned, if she were to claim the rent and not claim the income, that is fraud.
But as others pointed out, it is possibly you may cancel that arrangement. Because you are family, it is possible that you let her live with you for free, and she watches your children while you work.
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