Independent Contractor vs. Employee, IRS Tax Tip, U.S. Department of the Treasury, Internal Revenue Service.
This page of the IRS website explains the IRS rules for determining whether workers are employees or independent contractors, and provides links to additional information. Review this and consult with your tax advisor to determine whether you must withhold tax and treat as an employee any private duty aide you hire to help care for your aging loved one.
The IRS has historically looked to a list of 20 factors in determining whether to classify a worker as an employee or independent contractor. These factors fall into three broad categories: Behavioral Control (whether the business has a right to direct or control how the work is done through instructions, training, or other means); Financial Control (whether the business has a right to direct or control the financial and business aspects of the worker’s job); and the Type of Relationship (how the workers and the business owner perceive their relationship and document it by written agreement).