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Confused | What if my employer deducts all of my taxes and doesn't pay them? ? |
My employer stopped using our outsourced payroll company and has just been handwriting all of my checks. They are very terrible about paying bills and i know they haven't been taking care of the employement taxes. Will I be responsible for paying them? I don't have any kind of written agreement from them. The only thing i have is proof that last year they did pay them through the payroll company.
Additional Details
I don't have any kind of breakdown proving how much of what kind of taxes are taken out. I'm going to ask for that today and see what is said.
thanks for all the answers. very helpful! |
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woodtick314
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Save your check stubs. Those are proof that the taxes were withheld from your pay. If he doesn't pay them, he will be the one to answer to the IRS. If he doesn't give you an itemized pay stub, contact the IRS. That also is a federal offense. Good luck. |
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Charles G
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The employer is responsible for withholding FICA and withholding federal tax, and in most states state tax, from your payroll, and remitting it to the proper taxing authorities.
The IRS has taken the position that, if it is withheld from your paycheck, it is refundable to you, whether or not your company has done it duty. Same with social security.
The IRS will try to collect the taxes from your employer, and, failing that, will assess to the responsible parties at your company, usually owner, president, bookkeeper, etc. This is the trust fund recovery penalty.
But it is nothing you have to worry about, except maybe it will put your employer out of business. |
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Tony A
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Surely you should get a pay slip showing your salary and deductions. If your employer has deducted tax it would be his responsibility to pass it on to the IRS. If he does not do so he will be talking to a police officer soon. |
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marquie
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I mostly agree with every one but only one thing as long as you don't owe your employer any money (advance or borrowed) I saw where an employee borrowed a lot of money & left the company & the employer was able to withhold his payroll tax as payment
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graeme1944
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If he deducts them but doesn't pay them, then he is guilty of a Federal Offence and Fraud. You need to speak to your Union representative or the Taxation department sounds like what he is doing is illegal. |
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Judy1
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Hang onto your pay stubs, and it wouldn't be a bad idea to make a copy of each check before you cash it. As long as you can show that the taxes were deducted, your employer is the one in trouble, not you, if they aren't paid in to the government. |
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paintedhorse30
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You are safe, but your employer could get into a lot of trouble if the IRS fins out. |
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Arthur R
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(I admit to taking advantage of what is in the other answers, but I've got something to say which wasn't exactly covered.)
First, it is a violation of Federal and (probably) state law for them not to give you an itemized statement for each paycheck. (I admit to violating that law from time to time with our (technically, my late mother-in-law's trust's) household employee, but I always made the itemized statement available when she requested it.)
Your employer likely has violated Federal and State law in not reporting and paying the withheld income taxes and unemployment taxes.
No one has brought up the issue, but anyone with check-writing authority or with authority to order checks to be written may be liable for payment of (Federal) payroll taxes. (For all I know, that could include you.) It's called the 100% penalty.
Aside from that last, you're absolutely safe if they report the taxes withheld, even if they don't pay them. You're almost certainly OK if they give you a W-2 (next January) or itemized pay stubs. If you don't have a W-2 or itemized pay stubs, and the amount of your pay is at all irregular, you will have difficulty filling out the Federal form 4852, so you might be in trouble.
As an aside, it's possible your employer could report your wages on a form 1099-MISC instead of a form W-2. (If you received a W-2 last year or if you have received pay stubs indicating you're an employee, and you're doing the same work, that's clearly incorrect) If they try that, you'll need to report that as soon as you can on form SS-8, and, if not resolved, file form 8919 with your tax return. You might then have "estimated tax" penalties if they don't withhold, pay, or report payroll taxes, but you shouldn't have any other penalties.
You may need to file similar forms with your state department of labor and/or state income tax department. |
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PJ
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He is suppose to pay them. You will not get in trouble if he doesn't pay them, he will get in trouble. The IRS is really picky about payroll taxes - as your employer is using your money. If he doesn't make his deposits on time, they will come close his business. |
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Bob F
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You have nothing to worry about but your employer does. Some of the IRS stiffest penalties is for what you say he is doing - taking taxes from employees but not forwarding them.
Keep all your check stubs and be sure you can prove what what taken from you. The IRS will allow you to credit yourself with all of those withholdings even if your employer didn't actually forward them.
It wouldn't hurt to report him to the IRS, anonymously if you want, if you are very sure that he is doing this. |
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NHMike
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If your employer is deducting taxes from your check (both state and federal) but not remitting them then they are breaking state and federal law. You are ultimately responsible for the taxes on your income, even though your employer is supposed to withhold them and remit them to the government. You need to keep copies of everything you get, which must include the listing of taxes that are being withheld as proof that your employer withheld them from you. I do not envy your position and wish you good luck. |
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mike1942f
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If they are deducting, they are criminally liable to pay them and they must give you a statement with each check of what is being deducted. If you are not getting this, and have asked, you can call the IRS confidentially and report them. Make copies of all the checks you get and deposit them in full (no cash back, etc.) so you have a record of what you got. YOU are liable for the taxes on the full amount (gross) you were paid, so if they are arrested and it wends its way through the courts, the IRS may come back and say "XYZ Company gave you checks for $9,000 using a deduction formula on your gross income of $12,000 and did not pay the deductions to the feds so while we are working on their case, you owe us taxes on the $12,000.
If they are specifying your hours and work times then you are an employee, not an independent contractor, and if they claim you are independent and will get a 1099, then they should be deducting nothing. |
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betotron don
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fraud/
see your lawyer |
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