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Marz | Can an employer deduct taxes from cash wages? or basically once hes payed you cash? |
So my bfriend and couple friends has been working at a company and when they first started, they began to pay them with cashiers check "under the table" [aug/sept]. Now they are doing "Payroll" [oct] but they are deducting taxes from the time they were being payed cash [aug/sept], because they said they need to do it, and they can do it. Ive asked around and alot of people tell me they can't besides the amount is ridiculous. They are suppose to get paid $10/hr for 30 hrs a week w/out taxes would be 600 & approx like 500 dollars a week with taxes deducted, but there check have been coming like 300-350/ bi weekly i think that is just STUPID. and also one thing we noticed was that on the "payroll stub" it shows that deduction as 1/4 advance along with taxes,medicare,etc. Alot of people told me we can report them to Ca Labor Commissions i want to make sure i have the right answers first. If anyone can help me i would REALLY appreciate it.
[ By the way they dont work there anymore] thanks |
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ninasgramma
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The employer should had been taking out federal withholding, social security, and medicare taxes from the beginning. The employer was attempting to spread out the catchup withholding over the rest of the year. This has backfired for both your bf and the employee, since the bf no longer works there.
Your bf will receive a W-2 showing the amounts paid (treating the cash payments as an "advance") and the amount withheld.
If your bf quit before the payroll taxes were caught up, he will have underwithheld payroll taxes and will need to pay them on his tax return via Line 59 on Form 1040 maybe different for 2007, but this is the correct line for 2006).
He should not treat himself as self-employed during the time he was paid in cash, as all his wages are going to be report on the W-2 as employee compensation, and the employer portion should have been paid already. |
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Lori W
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If the employer has records to show they paid the employee in cash, they should catch up the payroll taxes with the first few checks. This sounds like the employer is trying to be legit. As for the 1/4 advance, this sound more like they are taking money away for the cash paid under the table. Not legit. Based upon the amount earned and the exemptions chosen, the check should be about 75 - 80% of total earnings and maybe more. I think you need to report to the Labor Board for unpaid wages. |
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Wayne Z
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Actually, they are probably doing it correctly.
Paying cash is wrong. There are playing catch up. Your friends are paying the taxes now that they should have been paying in the first place. It all will be the same in the end. |
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squeezie_1999
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The employer who paid under the table is committing an illegal act. If your friends do not report the cash payments as income, then they will be guilty of tax evasion and perhaps fraud..... which can result in large penalties and even jail time. The employer also did not pay SS taxes, take withholding and probably does not have the correct insurance coverage for workman's compensation. Don't let your friends commit a crime, just because their employer was a crook. |
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bud68
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This sounds fishy. Legitimate employers don't pay in cash. |
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Judy1
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The employer is legally required to deduct taxes from paychecks. What he did the first couple months was illegal, and it sounds like he's now playing catch-up and taking not only current taxes but also the back amounts - that's not only legal, but it's required for them to do.
What do you plan to say to the Labor Commission? "I thought I was going to get paid illegally and be able to evade taxes, but that dirty rat of an employer double crossed me and ended up taking taxes out after all"? I don't think that would sound real good for you. |
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bostonianinmo
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Your math is what stinks. You can't get a check for $600 with only $300 in gross wages!
Yes, the employer can and must withhold taxes from their wages. If they didn't deduct taxes from earlier checks, yes they must catch up. |
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MukatA
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When employer was paying your bfriend in cash, he (ur bf) is required to report the money as self-employed (or independent contractor) income. On such income he is required to pay SE tax at 15.3%. If such income is not reported, it is all illegal and he can get into a big problem with IRS.
It is good for your byfriend and couple friends that employer is now deducting taxes even on wages paid previously without deducting taxes. This means the employer is paying additional 7.65% SE tax to govenment, which the employer was trying to save.
You should feel happy that now your bfriend is not doing any thing illegal and he won't mess his life. |
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