Shared Living Toolkit Now Addresses Tax Treatment of Wages
In January, 2014, the Internal Revenue Service (IRS) issued Notice 2014-7, which addressed what the IRS has for decades called Difficulty of Care (DoC) Payments. Under Section 131 of the IRS Code, a DoC was (and still is) “compensation to a foster care provider for the additional care required because the qualified foster individual has a physical, mental or emotional handicap.” This compensation is excludable from the taxable wage income of the provider for federal income tax purposes.
The 2014 Notice expanded the definition of foster care providers and individuals and DoC payments. The result is that wages paid to providers of Shared Living supports who meet certain criteria will be treated as DoC payments. Therefore, they are excludable from providers’ taxable wage income for both federal and New York State income tax purposes. That is, they do not have to pay income taxes on those wages. While it’s unclear what the passage of tax reform legislation will mean to shared living, the New York Alliance is committed to informing our members as to any impact.
The New York Alliance has recorded a 4-minute webinar which addresses these changes.