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Caregiver Agreement

Independent Contractor Versus Employee

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According to the IRS: Generally, whether a worker is an employee or an independent contractor depends upon how much control you have as a business owner. If you have the right to control or direct not only what is to be done but also how it is to be done then your workers are most likely employees. If you can direct or control only the result of the work done, and not the means and methods of accomplishing the result, then your workers are probably independent contractors.

To learn more, see: www.irs.gov/businesses/small/article/0,,id=99921,00.html offsite link

If the caregiver is an employee, you are responsible to comply with IRS regulations. To learn more, see the IRS publication: Household Employer's Tax Guide, Publication 926 (www.irs.gov/pub/irs-pdf/p926.pdf offsite link).

If the caregiver is an independent contractor, you are responsible for filing an IRS form 1099 if you pay the caregiver a minimum amount in any calendar year. The amount changes from time to time. $600 is the amount for 2010.


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