lunchbox said:
Fightin_Aggie said:
ColinAggie said:
Just cut her checks and have her 1099 it?
Not legal for a household employee
Maybe we did it wrong or laws have changed, but 10 years ago when my SIL was watching my son, we found wording that basically said, if she had the ability to dictate her work or how she did her work (i.e. no direct supervision), we could just give her a 1099. I want to say that her dad's CPA might have even pointed us in that direction but I've slept a lot since then. We did that for a couple of years before we went the daycare route when she moved.
As an individual, you would have no responsibility to issue another person a 1099 since the service being provided is not connected to a trade or business. Just like you would not give a 1099 to someone doing the yardwork at your house, or an electrician, or plumber, HVAC person, or carpenter.
The wording you mentioned is one of several things that the IRS uses to classify employee vs. independent contractor. But any one item is not, by itself, likely to sway things one way or another.