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Additional Details
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lovesugarkisses | I have a tax question involving independent contract work.? |
my boyfriend works for fedex for his dad, and he owes alot of money on his taxes because when he started he though the taxes were taken out. But come to find out he owes like $8000 for the past 2 yrs in taxes. Since his dad is basically his boss, and writes him a buisness check every week. Was it his dads responsibility to take the money out of his pay? |
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Miss Know It All
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you can to to www.irs.gov and they have a clear definition of each type of employment and it depends on how he is classified.
Good Luck! |
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Fstop11
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If he is an independant contractor then he is self employed and has to pay taxes on his net income. If he has costs associated with work (supplies, gas etc) then he can deduct those against his income so the tax will be lower, but he still has to pay, and it is a pretty high percentage generally.
If he was actually a hired employee then FedEx would be responsible for paying payroll taxes.
He might want to try and file amended returns with work related deductions (if he has any) to try and get the amount of tax lowered. He should probably try to see an accountant at an H&R Block or something like that. |
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JackN
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Nope. It was HIS responsibility to pay his taxes on a quarterly estimated basis. The due dates are, I believe, April 15, June 15, September 15 and December 15 for the fourth, first, second, and third quarters respectively.
He was also responsible for paying what is called Self-Employment Tax. This tax is 15.3% of gross profit.
Also, depending on what state this two years of activity took place in, he might also have been responsible for obtaining and paying the premiums for Workers' Compensation insurance to cover himself.
Somebody, the dad or the employee, probably both, is in DEEP DOO-DOO.
Read, "Legal Guide To Independent Contractor Status." It is hardcover, TWO volumes, blue, and recently was revised. The earlier edition was a single red hardcover book. |
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Brian G
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The IRS has very specific rules as to who is an employee vs. independent contractor. You can find them at the IRS website, www.irs.gov.
If your boyfriend was correctly classified as independent contractor, his dad has no responsibility for the taxes at all. It is strictly the contractor's responsibility.
If he was incorrectly classified, there are very stiff penalties for the company. The company would not only owe those penalties, but the company share of the social security and medicare taxes on his pay and the penalties and interest that go with not reporting and paying those on time.
Even if he was incorrectly classified, the company still has no liability for the taxes he owes. It has been ruled many times that an employee is responsible for making sure the correct taxes have been withheld, even when it is the company's fault. Because of the issue of all the money the company will owe in fines and interest if your boyfriend decides to contact the IRS, he does have leverage in getting some help from the company. He has no legal obligation to report the violation, but may at any time. |
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Judy1
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Depending on what his job responsibilities are, he'd either be classified as an employee or as a independent contractor. If he's an employee, the taxes would be deducted from his paychecks. But if he's an independent contractor, then he's responsible for paying them himself. He need to make quarterly estimated payments for the amount he expects to owe at the end of the year for what he made that quarter.
If he didn't file a tax return for the past two years, he needs to get that done. Interest and penalties for late payment will continue to accumulate until he has the whole amount paid off, but if he hasn't filed, there are additional penalties for failure to file - might as well at least get those stopped from adding up. |
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Lorenzo
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His Dad didn't have to take out the taxes (but you can see why it would have been good.)
The responsibility for paying taxes rests with the person being paid. As a convenience, almost every legitimate employer does so, however (or we'd all be having the problem your boyfriend is having.)
Now, it is possible that your boyfriend could sue his dad (that will go over well at Family Re-unions!) over the failure to withhold. His argument would have to be, "I wasn't an independent contractor, I was an actual employee." There are very specific rules about what constitutes an "independent contractor" and if he didn't satisfy those rules, then he might sue to become defined as a regular employee.
The below link defines what constitutes an independent contractor. (But after all of this, the answer is your boyfriend is responsible for the taxes.) |
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shamieya
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Independent contractors pay their own taxes. Unless there was some type of written agreement, the dad has no responsibility. |
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Ronin
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It's your boyfriends responsibility. If he didn't realize taxes were not being withheld than he is either a liar or a moron. |
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