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posted Jun 3, 2019 10:58:51 AM

My employer did not withhold any state taxes. I provided them with an updated withholding document. They withhold taxes for other employees in other states, but did not

They did not withhold any Illinois state Income Tax despite me subitting an updated document.  Is this legal?

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1 Replies
Level 15
Jun 3, 2019 10:58:53 AM

An employer is generally required to withold income taxes ( federal, FICA and state ) on all employees.  Best negotiate with the employer, because , while you can complain to  state DOR, they may impose fine and make the employer very unhappy.  If they did not withhold any taxes at all  ( no federal,no state or FICA ) then they are considering you as a non-employee. If you do fit the definiton of an employee and the employer is treating you as a non-employee  for tax pruposes ( issues you 1099-misc ) that is very illegal and  can incur significant fines for the employer.  That is why I suggest , please talk to the employer and try to resolve the issue.