Re: Boss did not withhold tax

"Metspitzer" wrote

My niece worked for a company for 2 weeks and they paid her cash. At > the end of the 2 weeks the company said she made a mistake that cost > them money and tried to keep some of her money and fired/let her go. > > I called the Ga Dept of labor. The woman there said she would talk to > the boss and get her money. > > Here is what I think happened. When the labor dept got involved the > boss sent my niece part of her money and kept what should have been > tax withholdings. My niece and the dept rep agreed on how many hours > she worked and how much she was supposed to get from the boss. When > the money was short, the dept rep said that she would speak to the > boss and get him to return all the money. > > After a few weeks, there was still no word from either the boss or the > dept rep. Today after having to call the dept rep back, now the boss > is saying that my niece will get the money she was short, but she will > have to fill out a tax form. > > Since he has kept her money for close to a month now, how was he able > to withhold the money with no tax forms ever filled out? How would > he have reported the cash to the IRS if there were never any forms? > > Does this sound like he was trying to steal the money from my niece?

Expect your niece to get a W-2 with reported taxes withheld. They may gross up the pay to cover the taxes, that or just not have enough federal or state withholding. If the amount retained by the employer wasn't enough to cover the taxes that should be withheld then they may gross up her pay to cover the taxes "withheld" or that should have been withheld.

A lesson here is to know exactly how an employer intends to treat the worker before hiring on.

Reply to
paulthomascpa
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"Metspitzer" wrote

There are several "due date" scenarios for employers. For what I'll call micro employers, withholdings less than $2500 in a quarter, they can pay that quarterly with the reports that are due. Over $2500 and you get bumped up to a monthly payment schedule, so June withholding taxes are due July

15th. Monthly depositors generally have less than $50,000 of payroll taxes due for a year. Above that and it's semi-weekly (ie: due the following Wednesday or Friday after payday). Then, mega employers have same day rules, this for payroll taxes over $100,000 on any given payday.

While the employer reports the combined employee and employer taxes withheld, matching taxes and wages on a quarterly basis for all employees, the individual employee record isn't sent till the W-2's go to SSA and SSA sends that data to the IRS once a year.

Reply to
paulthomascpa

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