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Is pay for caring for a sick spouse subject to SE tax?

mj46
Level 3

My client received a Form 1099-NEC for pay she received for the care of her spouse. I know it is taxable income but I'm not sure about self-employment tax.  She is not in a business, therefore no self-employment tax. Am I correct?

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Terry53029
Level 15
Level 15
3 Comments 3
Karl
Level 9
Level 9

Who was the 1099-NEC from? An insurance company, short-term disability...? IHSS will let you exclude the income from income tax for medical care of certain family members in your home (Notice 2014-7), but that usually doesn't get reported on a 1099-NEC.

There might be some exceptions based on the insurance/pay arrangement, but it sounds subject to SE tax to me.

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George4Tacks
Level 15

Does IRS Notice 2014-7 apply? 


Answers are easy. Questions are hard!
Terry53029
Level 15
Level 15

Her is a link from IRS., but be sure notice 2014-7 does not apply.

https://www.irs.gov/businesses/small-businesses-self-employed/family-caregivers-and-self-employment-....