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    dmmeeks's Avatar
    dmmeeks Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 7, 2010, 10:19 AM
    Employer forgot employee federal tax
    My employer did not take out my federal taxes that I stated on my W4. I did not discover it till I started my 2009 taxes. My pay stub does not list federal taxes per a pay or YTD so it went unnoticed. What are my rights regarding this?
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #2

    Mar 11, 2010, 09:56 AM

    You will not be found innocent in not having the taxes withheld because although they were not listed on the stub you would have known if you were receiveing full wage or having taxes withheld. You are still liable to pay the taxes, however, the company may be liable to pay your penalties and interest if you can prove your W-4 was not adhered to properly.

    Shirley
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Apr 15, 2010, 05:32 AM
    Quote Originally Posted by Wildsporty View Post
    however, the company may be liable to pay your penalties and interest if you can prove your W-4 was not adhered to properly.
    Quote Originally Posted by dmmeeks View Post
    What are my rights regarding this?
    Hello d:

    In terms of the law, you have no rights because nothing was done to you. Yes, your employer SHOULD have withheld your taxes, and it would have been convenient for him to do so, but your tax liability doesn't change and you owe (or not) the same amount you would have if he DID withhold your taxes. Besides, MOST people have more withheld than they owe, so they'll get a refund.

    If you owe taxes and they're paid by today, there is NO penalty or interest.

    excon
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #4

    Apr 15, 2010, 06:07 AM

    This is not true. I know for a fact because I actually had this problem happen at work one year. The W-4 was imput wrong and not enough tax was withheld. The employee owed taxes and was charged a penalty for owing too much taxes. The company did not have to pay her taxes, but the IRS made us pay the penalty and interest for not withholding the correct amount of taxes. It happened, I was there.

    Shirley
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