Income tax not withheld from employee paycheck.

Asked over 2 years ago - Baton Rouge, LA

My employer paid me cash and did not deduct taxes even thought I was technically an employee. I received a W-2, and it states that Medicare and SS were deducted, but no income tax was deducted. I never claimed exempt when I filled out the W4. Is my employer responsible for the income taxes not withheld?

Attorney answers (3)

  1. Patricia Beary

    Contributor Level 10


    Lawyers agree

    Answered . Although your employer was required to withhold taxes, the amount that you were paid may be under the amount for which you would owe income taxes. Perhaps you are not even required to file a tax return. I need more facts to give you a better answer.

    Beary Law Offices PLC is not acting as your attorney in providing this response.
  2. Christopher Michael Larson

    Contributor Level 19


    Lawyers agree

    Answered . Withholding is your reponsibility. Even if a mistake was made on your W-4, it is not their fault that you owe taxes for the year. The only thing that has changed is that you have received your full paycheck, and now must pay it in one lump sum. But it does definitely create a problem to have to pay it all in one lump sum. I suggest putting enough aside from your next few paychecks, and pay on April 15th.

    Christopher Larson
    Insight Law

  3. Henry Daniel Lively

    Contributor Level 20


    Lawyers agree

    Answered . No, you are always responsible to pay your income taxes. What your employer has done is not legal and you should report these actions to the department of labor in your state. You should first ask your employer to correct there actions and treat you as an employee in the future and correct how they prepare your pay check.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response... more

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