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souprgirl | Employers not taking out taxes? |
I believe that my employer isn't taking any taxes out of my check and that I'm not getting paid minimum wage. I work in a small restaurant as a tipped employee. For the last six months I've been receiving business checks instead of payroll checks. These checks don't list my hourly rate, my withholdings, or how many hours I'm getting paid for. I would like to report my employer but have no idea who to turn to. I know that I can report him to the Labor Department for the minimum wage thing, but what about the tax situation. Any info would be helpful
Additional Details
I live in Illinois and the minimum wage for tipped employees is $4.65. I don't believe I am an independent contractor since I did fill out tax information when I was hired. I know that my employer is very shady and has been operating under illegal circumstances for some time. I basically want the money I'm owed and to ensure that my taxes are being reported.
An example of a "paycheck" I worked 52 hours ( I know keep my punch out records) in two weeks and received a business check for $76,00. There is no break down of how much, if any money is going to taxes or what my pay rate is. 52x 4.65= 241.80. We've asked why our checks have changed and have yet to receive an answer. There is also allegations that he is tampering with all employees hours, but again, without a pay check stub, there's no proof. I am looking for a new job, however in this economy and being a full time student my options are limited. |
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Landlord
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You should not be receiving minimum wage, since you are receiving tips you are sort of being paid a commission.
Keep records, you will have to pay income tax on your pay (you will get a 1099) and your tips come tax time. |
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Judy1
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You don't say what state you are in, but in most states, tipped employees can receive an hourly wage far below the normal minimum. By federal law though, your wages plus your tips have to add up to at least the federal minimum wage or the employer has to make up the difference.
If you are working as an independent contractor, the business doesn't have to withhold taxes, you are responsible for paying them on your own. As a server, though, you are NOT an independent contractor.
You said this has been happening for 6 months. Did you work there before that, and have taxes taken out? I'd start by asking your employer what changed.
It's common, although illegal, for small restaurants to pay at least some of their employees "under the table".
If he/she says that you are now an independent contractor, you can file a form SS-8 with the IRS asking for a determination of your status. |
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William D
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Your "employer" has undoubtedly set you up as an "independent contractor", which means you are not really an employee at all - You are a self employed person.
Under this arraignment, the business you work for does not withhold taxes from your pay, nor does it have to pay 1/2 of your social security and medicare taxes (as it would if you were a true employee). You are responsible for all of these. When you fill out your taxes for 2008, you will file a Schedule C instead of listing your income as wages. Depending on the rest of your income and tax status, you may have to pay estimated taxes quarterly to the IRS.
You should first talk with the manager of the business you work for to clarify how you are being treated from a tax standpoint, and then contact the IRS for more specific information. |
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Grant N
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It sounds like they are treating you as an independent contractor. As an independent contractor you would be responsible for paying your own taxes, social security, and medicare (called self-employment tax). Ask them if you are an independent contractor and if that is true you should be paid more than when you were an employee so you can pay self-employment tax. The amount more is the same amount as the social security plus the medicare deduction that was taken out of your pay check when you were an employee.
You will when need to pay the IRS 2 x (social security + medicare) at april 15 th plus file quarterly estimates 4 time a year. So don't spend the extra money.
Finally, what they are doing is not right but it will be very hard for you to fight it. |
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buttehead1@y_h_0
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You should call your local government official. They can immediately check into this and help you get to the right channel.
Please follow through as it will hurt you if you need to go on disability(no proof of wage, no pay for you), and hurt your retirement. Social Security! |
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acmeraven
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Make sure you copy your paychecks for backup. Go to IRS.GOV and see if there is a reporting procedure. As far as your tax return goes, you should be okay. Get as much information about your employer as you can; especially their EIN (employer identification number) if at all possible. When you fill out your 2008 tax form for filing there is a substitute for your W-2 form you can fill out called 8919. This is for uncollected Social Security and Medicare Taxes. If you want further info feel free to contact me; been doing this for 37 years. |
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ChiGirl
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you should always ask them for a breakdown of what you are getting paid just to make sure they have your hrs correct alone.
you may also want to find out if they are reporting it to the IRS themselves. maybe they are trying to pay you under the table so that they dont have to pay employer taxes themselves.
a breakdown would answer all your questions. then if there is still something odd, contact your local government office for guidance. |
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Harry
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First you should ask your employer whatever you want to know. I believe that waitresses are not required to be paid minimum wage because of tips. If they are planning on giving you a 1099 instead then you are the one who should be filing quarterly tax returns. If they are deducting taxes then they should be giving you a payroll statement even if it is handwritten. |
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