The April 2007 issue of "The Retirement Advisor" newsletter includes:
  • A Primer on 401(k) plan fees
  • TIAA-CREF Fund Family Warning
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Bob's Advice to Becky The Babysitter (Part 1)
April 10, 2007
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Author: Honeyoneohone  (Original Post  April 10, 2007 9:29 AM)
(with editorial comments "EC" by Kirk Lindstrom) 

» honeyoneohone - Becky, the Babysitter Calls Bob Brinker's Moneytalk

Here is a transcript of the call from Becky, the babysitter, on Saturday, April 7, 2007. Bob Brinker recommended that Becky consider $10,400 yearly babysitting wages as a gift and not pay taxes on it:

EC :  Warning!  I believe Bob is mistakenly advising Becky to commit tax fraud in this call.   Read Part 2 for what Bob said to a CPA caller about his advice to Becky and read Part 3 for what Bob said the next day about these calls.

Bob Brinker:  "Becky, in the Bronx, listening to WABC radio - hello Becky."
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Becky:  "Hi Bob, thank you so much for taking the call and for all your help."
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Brinker:  "What's up?"
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Becky:  "Question for you. My only income at this point is from interest and dividends. However, I work at a babysitter and I know I have to report the income. It's paid off the books and I know that I have to report it as taxable. Am I allowed to get an IRA with this income - it's very confusing to me."
.
Brinker:  "Well Becky, any earned income, including babysitting income, would be income that you could designate for in investment in an IRA. Obviously, this would be income that would be on your income tax report. You would be declaring this income. Any income that is received for services rendered - certainly that would include babysitting - it includes golf so I think it should include babysitting. So there you go. You've got the opportunity there to put whatever you want in an IRA up to the $4000 limit for people under the age of 50."
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Becky:  "Okay, cause when I asked the accountant - maybe he didn't understand - he said I had a W-2 for that."
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Brinker:  "Well I'd rather you go through that kind of detail with your CPA. But my understanding is that if you have earned income that is declared income, on your tax return that that would qualify. Now how much are you making as a babysitter?"
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Becky:  "I make about $200 a week."
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Brinker:  "So you are talking about roughly $2400 dollars a year?"
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Becky
:  "That's it, yeah."

EC:  Math Error  $200 a week x 52 weeks a year is $10,400, serious money. Bob corrects this later in the call.   Also: Social Security and Medicare taxes will need to be paid even if the woman has enough deductions and exemptions to be in a zero income tax bracket.  Look-up "Nannygate Revisited" for more information.




Brinker: 
"Well, are there rules that apply to the payment of that $200 a week in terms of you being an employee of the individual?"
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Becky: "I just work for a woman and I take care of her children, so everything is private."
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Brinker:  "So she hands you $200 dollars?"
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Becky: "Exactly."
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Brinker:  Well, your accountant is right when he says in order for you to have income going into an IRA, it has to be declarable income - all right? If somebody is paying you $200 dollars a week, er a month - a month?'
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Becky:  "No, a week."
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Brinker:  Oh, that's $10,400 a year. All right - if someone is paying you $200 dollars a week to baby-sit their children and they're not taking any taxes out, well that's the same as a gift, isn't it?"
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Becky:  "Well I still have to report it on my tax."
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Brinker:  "Why? Why would you have to report it on your taxes? Your employer is allowed to gift you up to $12 thousand dollars a year with no tax whatsoever. Why would you have to put it on your income tax return?"
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Becky:  "I didn't know that. Thank you."
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Brinker:  "Well, anybody - let's get the rules straight, okay - has nothing to do with family - nothing. Under current law, under current gift tax law, anybody can give anybody else - every single calendar year - up to $12 thousand dollars in the form of a gift. Okay? (Becky: "Yes.") That means that this employer that you have - this woman whose children you're watching has the right under current gift tax law to give you - with NO taxes - up to $12 thousand dollars a year. And you don't even have to watch her children. She could just hand it to you as a gift because she likes you. (Becky: "Okay.") All right. So your relationship with her is covered by the gift tax law. You see what I'm saying?
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Becky:  "Yes, I do."
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Brinker:  "In other words your saying, well yeah, I watch her children, but she gives me $200 a week in the form of a gift. Ergo, NO TAXES, but you cannot put that money in your IRA. That is not earned income."
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Becky:  "Okay, and what were you trying to tell me about the golfing before. I didn't follow you - something about golf."
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Brinker:  "No, I said that you certainly - I said that why shouldn't you get paid for babysitting - people get paid to play golf. People get paid to hit baseballs in the Bronx. Why shouldn't you get paid for babysitting? I have no problem with that. But the point is, if it's not declarable income - it sounds like nobody is declaring it. It sounds like she's not doing a W-2. It sounds like she's not withholding New York State or City taxes. It sounds like she's not withholding Social Security and Medicare. It sound like none of this is going on. It sounds like she's just handing you $200 dollars."
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Becky:  "That's correct."
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Brinker:  "Well then my advise to you is, consider that a gift. Forget about the IRA, because if you start trying to monkey around with an IRA, well first of all, it's not declarable income, you are going to get your - your going to get the woman in trouble - especially that amount. Consider it a gift because the reality is there would be no tax. But you cannot put that money in an IRA."

EC :  Warning!  I believe Bob is mistakenly advising Becky to commit tax fraud in this call.   Read Part 2 for what Bob said to a CPA caller about his advice to Becky and read Part 3 for what Bob said the next day about these calls.


Becky: "Okay."
.
Brinker:  "Thank you Becky. This is Moneytalk__Bob Brinker


-- posted by honeyoneohone






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Last Updated 04/10/07