Is it legal for an employer. not to withhold. federal. taxes

[SweetieJean]

Did you say not to on your W-4 form?

[SweetieJean]

Are you a W-2 employee, or an independent contractor?

[roxiemarie160]

I am a live in caregiver for medicaid so I gress i would be an Independent contractor

[Kadian · Accepted solution]

Both employer and employee hold the responsibility for collecting and remitting withholding taxes to the Internal Revenue Service (IRS). For the most part, the employer withholds these taxes on behalf of their employees, but in cases where an employer does not do this, or where an employee is self-employed, it is the responsibility of the employee to pay these withholding taxes.

If you are concerned that your employer is improperly withholding or failing to withhold federal income and employment taxes you should report your employer by contacting the IRS at 1-800-829-1040. 

Keep in mind, however, that whenever you start a new job, your employer is required to have you fill out Form W-4. This form allows you to choose how much tax your employer should withhold based on your personal circumstances. 

If you are still employed by the employer in question, go to your HR department and request a new Form W-4. 

[gsxr08600]

This is nothing in the Tax Law that says an employee that exchanges their time and labor for a payment is required to pay Federal Tax except where the Federal Govt has jurisdiction. The federal govt only has jurisdiction in DC. So we do not have to pay Federal Income tax. State tax different but Federal no. Stop with the herd mentality Wake up ppl.

[Doobiemike]

My problem is I get all of my taxes back at end of year and expect to receive a refund this year,Ive been asking for two weeks now too make a change on my w-4 which I never remember filling out ever so I think they must be claiming 0 allowances on my behalf,and I'd rather claim 3 or 4 allowances and break even at the end of the year,how to stop employer from taking out to much tax,its been two weeks and they are saying I have to wait till new year.

[Critter]

As long as the IRS has not mandated that they withholding must be at the Single zero allowance rate (usually due to long standing outstanding balances)  you have the right to fill in a W4 any way you wish and the employer must follow your instructions.   Fill one in and turn it into the employer to get the situation changed ... if after a payroll period or 2 they have not fixed it talk to the boss. 

[Doobiemike]

Yes,I know I have the right to change my allowances too we're I receive more money in my check instead of it being so called saved for me by the IRS,but I've been trying for two weeks to change my allowances and it's as if people are jealous that I might get more money weekly ,but I don't make anything as it is,when you make minimum wage and  $70 a week is taken from your pay ,or $140 bi- weekly and your rent is $1000 a month forget anything else,I can't afford.then what happens if I die before I receive my refund ? Good bye hard earned pay.Im stressed out but trying to fix this problem.I just want to pay what I have to 

[VolvoGirl]

You could ask a lawyer or contact the labor board in your state if you don't mind making waves at work.

[Rae Baler]

I am having an issue with my employer not with holding ANY federal taxes from my paycheck for two months before I caught the issue. I filed an appropriate W-4 document from the time I was hired and had no issues for a year and a few months. I even printed the documents out and proved there was no issue on my end to be told I am liable for the money not paid in and they aren’t concerned. I was met with resistance every conversation I tried to have. 

I have tried reaching out to the IRS for help or to file a report and have no luck getting an actual person or getting transferred to someone else without immediately getting hung up on for “high volume calls”. 

I am frustrated and at a loss for what to do. 

[SweetieJean]

You might want to make estimated tax payments until you get this resolved.

[leeloo]

You might also file Form 8919 and attach a copy of the W-4. It seems they are treating you as an independent contractor. This form will allow you to pay your portion of the SE taxes and the IRS will go after the employer for their portion.

[griffinjunior]

My employer is failing to correct the problem of withholding federal taxes from my paycheck  for the past nine (9) months. What should I do at this point.

[NCperson]

@griffinjunior - is it possible at your income level there is no requirement to withhold? broadly speaking, if you file single and earn under $250 per week, there is no withholding requirement.  if you file joint and earn under $500 per week, there is no withholding requirement.

There is a IRS table that employers are to use to withhold federal taxes.  

So are you sure they are not doing it (and I presume not doing it for any employee) or is it a function of your income or how you filled out the W-4?