Legal Question in Tax Law in New York

Mom’s waiting for her Medicaid application to be processed. Our private home health aide refuses to provide us with her SS# or Tax ID# in order for us to give her the 1099 Form. She says she has her accountant handle taxes on her end, has never provided her info to other home employers since she’s not with an agency and it’s never been an issue. If we insist, she will charge more than double her hourly rate to “calculate what she charges plus tax” or feel free to find someone else. I’ve never heard of this. Is she allowed to do this?

Asked on 12/03/21, 3:19 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

It seems to me that since you didn't ask for her SSN when she was hired, her expectation of getting paid off the books is reasonable. Of course she's not allowed to withhold that information, but it was your responsibility to get a W-9 in the first place. You'll need to pay for guidance to figure out the best course of action.

Good luck.

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Answered on 12/03/21, 5:33 pm

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