If my employer is not withhold federal or state taxes from my paychecks, what legal action do i take?
After I ripped her a new one about this, she has decided she is going to start doing it right next paycheck, but this year is just a loss to me. Is this her gain at my expense? And if didn't know was doing something wrong, would she hurriedly begin to withhold taxes from ALL employees (not just mine)??? I don't even know if I can keep working here after this and that sux cause i like this job.
Public Comments
- your employer is liable to the taxing authorities for withholding when it is required, not to you. what you can do is report her to them. And that's pretty much it. *** because there are plenty of people who legitimately have no taxes withheld -- because they are independent contractors and pay in their own taxes -- the IRS and states do not know if or when an employer should be withholding until someone tells them. you, on the other hand, have been receiving checks. presumably, those checks have stubs attached that show the calculations and thus you've known that no deductions were being made. you had the opportunity to correct this some time ago [weeks, months, last January?] and apparently did not. so, you are still responsible for the income taxes due to the government and you will have to pay them. If you received a form 1099, you'll have to file as an independent contractor and pay the self-employment taxes as well.
- What will happen to her, if she isn't accused of fraud (she probably won't be) is that she will have to fork over the employer share of Social Security and Medicare withholding. However, the other half of SS and Medicare, plus any taxes owed is YOURS to cough up. You would have to cough them up anyway if she had done this properly. And please don't try to tell us that a whole year passed and you didn't know you were not having any withholding taken out. A blind mouse would know better.
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