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NOYB | Last year my husband was employed at this company for 1yr? |
Okay so he was an employee there and they never deducted social security or any taxes whatsoever so when he filed his taxes for that year the paperwork that was done was a self-employed is that the way the paperwork should have been done ? |
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Purly G
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Well if they never deducted taxes and didn't pay the employer taxes then he wasn't treated as an employee--he was an independent contractor. So yeah he would be responsible for all his taxes and file as self-employed. |
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Jeremy C
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Was he an employee of the company or was he an ouside consultant or ouside sales ect? |
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Sparkles
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No it isn't if he did not own a business and was not in business for himself, and the employer who should have been deducting social security and taxes. I work privately for an individual, but I am not self employed. I do however have a business that is not associated with my place of employment in which I do file self-employment. |
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If the shoe fits...
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To make this as "short" as possible...when your husband started working at this company, was he given a 1099 form or a W4 form to fill out? A 1099 means that he will be responsible for paying his own taxes and that he is a contractor. A W4 is supposed to indicate to the company how many deductions you're taking and what they are to hold out of your pay and forwarded - paying the taxes owed. If your husband filled out the W4 and the company did not withhold $, then he needs to get a copy of it. The company will then be held responsible for not withholding taxes and they will have to pay a penalty for it. But remember this - he has to prove that he "told" them to withhold it. If he stands and argues that he needs the W4 because he told them to withhold money, then it's very likely that he's not going to get a copy of it - no company wants to be liable for paying a penalty to the IRS. If he told them to withhold the money then tell him to go in to the HR Department and tell them that he needs a copy of his W4 to compare them with the deductions that you took last year. I hope that this makes sense to you and I hope that it helps you both out. Good luck. |
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Beverly S
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Yes, he should have received a 1099 form instead of a W'2. He would have had to pay self employment taxes as well as regular so not really the best way to do things. You probably owed them more than you would have had the employer deducted through out the year because of the self employment taxes. |
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lawrencegrossman
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The IRS is very strict on this. If he was definitely self employed he is responsible not only for the federal income tax, but also for both parts of Social Security tax. If he was an employee, then the firm is responsible for their half of the Social Security tax. |
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Joes Mama
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If he was an employee then he wasn't self-employed now was he? |
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barndog
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first, i think it is illegal for a company not to take taxes out if the employee actually works for that employer.second make sure you pay your taxes in full because this type of deduction is a red flag for the IRS to check out, and you might get audited. Sometimes a company will higher out to private individuals and only pay them like a fee, which would put the responsibility of paying taxes in the workers private hands. like hiring a person to plow a driveway, you pay the person removing the snow, he/she pay their own taxes to fed, ss, state, city,etc... hope this helps, barndog |
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Brad K
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It is okay to do it that way, but he will have to pay all the taxes out of his check. It is the same as if he had claimed 12 dependents on his w-4 with a company that withholds taxes. It is actually better to do it this way, But you should take deductions from each check just like an employer would, and put the money in an interest bearing account. Then when tax time comes you have all the money you need to pay taxes, plus the interest it has earned. If your employer takes out the tax, the government is the one getting the interest. |
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