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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 33850
Experience:  Retired (mostly)
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JustAnswer has a Business Category where you can learn all you need about your legal obligations in hiring an employee.

I want to hire my mother legally so that she can still collect SS. she will be taking care of my son and we will pay here 800 per month. what do i need to do.
Submitted: 1 year ago.
Category: Business Law
Expert:  socrateaser replied 1 year ago.
Hello,

What is your mother's age?
Customer: replied 1 year ago.

63

Expert:  socrateaser replied 1 year ago.

Thank you for the updated info.

If a Social Security beneficiary is younger than full retirement age (66), $1 in benefits will be deducted for each $2 in earnings above the annual limit ($15,120 in 2013). Since you propose to pay $800 per month, that would be $9600 per year, which is less than the annual limit. Therefore, your mother would not lose any Social Security benefits under your proposed scenario.

 

You may want to consider purchasing some payroll software or hiring a payroll service to handle the various deductions and remittances to the government. Payroll mistakes can have huge negative legal consequences. The state and federal government assess heavy penalties for payroll errors.

Hope this helps.

Customer: replied 1 year ago.

It is even worth if for me to go through the run around of paying her deductions. I agreed to pay for her taxes and I know that she does not want her SS affected but that she also still wants to contribute so that she can continue to build on her SS benefit.

Expert:  socrateaser replied 1 year ago.
If you're asking me to take a position between you and your mother, then that's not fair!Cool

You can just give her $800 as a gift every month, and neither you nor she can report it. The IRS won't have any way of knowing you paid it or what it was for, and if you're ever asked, your answer is, "It was a gift -- I know my mom needed financial help."

Just don't gift more than $14,000 per year. That's the limit before you have to report the gift.

Hope this helps.
Customer: replied 1 year ago.

I think I understand. The botXXXXX XXXXXne is that my mother won't lose of any of her SS income without being taxed and 800 dollars is not enough for her to really make a difference over the next 3 years for her to have to claim taxes

Expert:  socrateaser replied 1 year ago.

A gift is only a taxable if it's in exchange for something. You are potentially exchanging work for money. But, it doesn't have to be so. Your mom can enjoy helping you and you can enjoy helping her without any exchange between you. It's all in how you explain it, in the event that you are ever audited -- which isn't likely to happen.

 

But, if you are, then come back here, and we can talk about it further.

socrateaser, Attorney
Category: Business Law
Satisfied Customers: 33850
Experience: Retired (mostly)
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