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Medicaid Waiver Payments and IRS Notice 2014-7

You care for a family member at home. Your Medicaid waiver payments may not be taxable.

Under IRS Notice 2014-7, Medicaid waiver payments made to a caregiver who lives in the same home as the person they care for can be excluded from gross income. Many caregivers pay tax on this for years without ever being told.

  • Treated as difficulty-of-care payments under IRC Section 131
  • Prior returns can often be amended, generally three years back
  • You may still elect to count it for the Earned Income Credit
  • Handled entirely online: secure portal, all 50 states

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What the rule actually says

What IRS Notice 2014-7 says about Medicaid waiver payments

In January 2014 the IRS announced that it would treat certain Medicaid waiver payments as difficulty-of-care payments under Section 131 of the tax code, meaning they are excluded from your gross income rather than taxed as wages.

The notice covers payments made by a state, a political subdivision or a certified Medicaid provider 'for nonmedical support services provided under a plan of care to an eligible individual ... living in the individual care provider's home.' It has applied to payments received on or after January 3, 2014.

This is the IRS's own position, not an aggressive interpretation.

You can read it directly. The IRS guidance page (updated April 29, 2026) and Notice 2014-7 itself are both linked at the bottom of this page.

The part people get wrong

Two gates decide whether your caregiver pay qualifies

Most of the confusion we see comes from assuming that all home-care pay qualifies, or that none of it does. Neither is right, and you have to pass both gates.

Gate 1: the waiver program

Notice 2014-7 is written around Home and Community-Based Services waiver programs under Section 1915(c) of the Social Security Act. Not every Medicaid-funded home care arrangement is one. Care delivered under a state plan, a managed-care contract or a different waiver authority may sit outside the notice.

This is the first thing to establish, and it is a question about your program, not about you.

Gate 2: the same home

The care must be given in your home, where the care recipient also lives. The IRS defines your home as 'the place where the provider resides and regularly performs the routines of the provider's private life, such as shared meals and holidays with family.'

Living together is the test. Being related is not, because the exclusion applies regardless of your relationship to the person you care for.

There is also a size limit: the exclusion covers care for no more than 10 people aged 18 or under, or no more than 5 people aged 19 or over.

Does this sound like you?

Five caregiver situations, and how the IRS treats each

I moved into my mother's house to look after her.

Her home became your home. The IRS addresses this directly: once you live there and run your private life there, the exclusion can apply.

Generally qualifies

I care for my disabled adult son in our family home.

A parent caring for a child, an adult child caring for a parent, a spouse: the relationship does not matter. Only the shared home does.

Generally qualifies

Two of us in this house are both paid caregivers.

More than one care provider living in the same home can each exclude their own payments.

Generally qualifies

I keep my own apartment and stay over four nights a week.

If you maintain a separate residence and are only there part of the time, the payments are not excludable. This one catches a lot of people.

Does not qualify

I do respite care in other people's homes.

Respite providers are specifically outside the exclusion, because the care is not being given in the provider's own home.

Does not qualify

What you have to do

If it came on a W-2 or a 1099, you still have to file a return

This is the part people miss. If your payer reported the money on a Form W-2 or a Form 1099, the IRS already has a copy of it. You cannot exclude it by not filing, and you cannot exclude it by leaving the figure off.

You file a return, report the income, and then exclude it in the right place. Done properly, the tax goes away. Done by leaving it off, it usually turns into a notice a year later.

That is the part we handle for you.

Leaving the figure off is the most common mistake we fix.

The IRS matches its copy of your W-2 or 1099 against your return. A return that simply omits the payments does not look like an exclusion, it looks like unreported income.

Worth checking first

The Earned Income Credit trade-off before you exclude the income

If these payments are your main income and you have children, excluding them can reduce your Earned Income Credit and Additional Child Tax Credit, because both are based on earned income.

The IRS lets you choose here: you can count the payments as earned income for those credits while still keeping them out of your taxable income. Which way works out better depends on your household, and it can change from year to year.

We run it both ways and file whichever leaves you better off.

Excluding the income is not automatically the better answer for every household. Because the outcome can change from year to year, it is worth running both versions each time you file.

If you have been paying tax on this for years

Amending prior returns to claim back tax you should not have paid

If you reported these payments as taxable income in earlier years and they should have been excluded, those returns can usually be amended.

The window is generally three years from the date the return was filed. Once a year falls outside it, that money is gone for good.

Send us the returns and your W-2s or 1099s and we will tell you which years are worth going back for.

The three-year window does not reopen.

Once a year falls outside it, the tax you paid on those payments cannot be claimed back. If you think earlier years were reported wrongly, the oldest year is the one to look at first.

What it costs

A fixed fee in writing before any work begins

Every return is quoted up front, based on what your situation actually needs. No hourly billing, no surprises, and no work begins until you have agreed the fee. The 15-minute review that tells you whether your pay qualifies is free, and there is no obligation afterwards.

Read it yourself

Official IRS sources on the Medicaid waiver payment exclusion

Everything on this page comes from the IRS. You do not have to take our word for any of it.

You never have to leave your home

The whole thing works online, securely, from anywhere

Caregiving does not leave much room for appointments, so everything here runs through an encrypted client portal: send documents when you get a quiet ten minutes, meet by video or phone when it suits you, sign electronically, and let us file in whichever of the 50 states you live in.

A secure client portal

Upload documents through an encrypted portal built for the job. Nothing sensitive travels by email, and everything stays in one place you can log back into.

Video or phone, when it suits you

Meet your preparer by video call or phone. No travel, no waiting room, and no taking a morning off work.

Electronic signatures

Review your return and sign authorizations electronically. Nothing needs printing, scanning, or mailing.

All 50 states, and abroad

We file in every state and work with clients living outside the United States. A different time zone is not a problem; we schedule around yours.

Prefer to sit across a desk from someone?

You can. Four walk-in offices: Bronx, Jamaica Queens, Buffalo, and Totowa NJ. Virtual is the default because it is faster for most people, not because it is the only option.

Questions people actually ask

Straight answers

  • Does my state's home care program count for the Notice 2014-7 exclusion?
    It depends on the legal authority the program operates under, not on its name. Notice 2014-7 is written around Section 1915(c) Home and Community-Based Services waiver programs, and some home care is delivered under a state plan or through managed care instead. Establishing which one applies to you is the first step, and it is usually answerable from your own paperwork.
  • My agency says my Medicaid waiver payments are taxable. Who is right?
    Agencies vary in how they handle this and some have not updated their payroll treatment. An agency may rely on a signed statement from you confirming that you meet the conditions. If your W-2 includes the payments in box 1 and you believe they qualify under Notice 2014-7, that is exactly what an amended return is for.
  • My payments came on a W-2. Can I just leave them off my tax return?
    No. If your payer reported the money on a Form W-2 or a Form 1099, the IRS already has a copy of it, so leaving the figure off usually produces a notice a year later. You file the return, report the income, and then exclude it in the right place. Done properly the tax goes away and the return still matches what the IRS holds.
  • Do I have to take the Medicaid waiver payment exclusion?
    You can take it if it benefits you for tax purposes. Excluding the income is not always the better outcome, because the Earned Income Credit and the Additional Child Tax Credit are both based on earned income. The IRS lets you count the payments as earned income for those credits while still keeping them out of your taxable income. Working out which way leaves you better off is exactly what we help with.
  • How far back can I amend returns to claim this money back?
    The window is generally three years from the date the return was filed. If you reported these payments as taxable income inside that window and they should have been excluded, those returns can usually be amended on Form 1040-X. Once a year falls outside the window, that money is gone for good, so the oldest years are the ones to check first.
  • I have never filed a tax return at all. Is that a problem?
    Not unusual among caregivers, and not difficult to fix. If credits are available, filing may put money in your pocket rather than cost you anything. Send us what you have and we will tell you which years are still open and which ones are worth filing.
Related services

Where this connects to the rest of the practice

  • Individual Tax Services

    Full personal return preparation, including the credits and elections that decide whether excluding your caregiver pay actually leaves you better off.

  • Virtual Tax Preparation

    File from home through an encrypted portal with video or phone meetings, which is how most caregivers we work with prefer to do it.

  • Audit and IRS Notice Help

    If a return that omitted these payments has already produced an IRS letter, we answer it and put the exclusion where it belongs.

Find out in fifteen minutes whether this applies to you

Two questions decide most cases: which program pays you, and whether you live in the same home. Free, no obligation, and we will tell you plainly if the answer is no.

Information on this page summarizes IRS Notice 2014-7 and IRS guidance current at July 30, 2026. It is general information, not advice about your situation: whether payments qualify depends on the Medicaid program involved and on your living arrangements.

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