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Income tax not withheld from employee paycheck.

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


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.

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Net pay reported is almost 20,000. I am certain that medicare and SS taxes were not paid by my employer, and I believe that the income being reported is also incorrect. I am worried that we will both get audited. I knew I would be responsible for income taxes, but since medicare and SS were not actually reported and paid last year, will I get in trouble for tax evasion if I file an amount different than what was reported on the W2?


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

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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 provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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