Legal Question in Wills and Trusts in California
Can I charge for services?
I have been handleing my mother's investments and bank
accounts for 12 years (since my dad died.) I have increased her
wealth to more than a million and she has not had to work for
money since. She is now to old to live alone and I have been
taking care of her also. I would like her to help me make ends
meet now that she is able too.
#1 Is it legal to charge her and pay income tax on the money I
receive? My mom wants to pay me under the table but I would
rather claim it as income.
#2 Is there a legal limit or % of the estate that she can pay me?
Thank you so much!
4 Answers from Attorneys
Re: Can I charge for services?
Yes 1% of the estate per year.
Re: Can I charge for services?
Of course you pay income tax on income you earne. Whether she'd issue of death or pay to income is questionable you have to deal with the IRS in that situation. I don't understand what you mean by you want to help her make ends meet. Is he has more than $1 million her ends have met. Therefore wager motive. If you have siblings you do what do something that will cause a lawsuit in the family. Moreover, you do what do something which is not legal. Therefore, the best advice I can give you use get an attorney to advise you. You better make sure you tell the attorney everything. The very accurate as to what your mother wants in this situation since she is not there to tell him/ her themselves.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000
Re: Can I charge for services?
Why do you want to pay taxes? Hasn't she already paid taxes on the money you raised for her? There may be other ways to accomplish what you want. For instance, she can give you $10,000 (may be more now) per year as a tax free gift. So, even if you do go the income route, $10,000 of it can be tax free.
Re: Can I charge for services?
First of all, any services you provide for which you are paid are taxable, according to the IRS code. There are numerous people who "get paid under the table", who in actuality are violating tax laws.
She can give you a tax free gift each year of $11,000. (IRS) There are certain benefits that she could provide you (as an employee) to you that would be excluded from taxation, yet deductible by her (medical benefits, etc.).
As far as a limit, she could actually pay you anything she wants, if she is acting as your employer. If you are acting in the capacity of a financial advisor, trustee, conervator or some other capacity, there would be a limit that could be established by the state in which she lives.