Powered by Avvo.com

I filed a w4 form when I was hired & my employer is not taking taxes & will not give me a copy of my w4 form I filed out : I filed out a w 4 form when I was hired and my employer is still not taking out taxes 3 months later, I've asked for a copy of my w4 form and they still have not provided it what should I do?

Asked about 1 month ago in Tax

Brad’s answer: Speak with your HR department to determine whether you have been classified as an independent contractor. If they considered you to be an employee, then they would at least be taking the employee's share of Social Security and Medicare out of your check. If nothing is being withheld, then I would assume that they are trying to treat you as an independent contractor.

If the HR department won't provide you any information and you are certain that absolutely nothing is being withheld from your wages, then it appears that you are being treated as an independent contractor who would receive a Form 1099, and not an employee who would receive a Form W-2. Your employer does not have the option to arbitrarily choose one over the other. Whether you are an employee or independent contractor depends entirely on the terms of your employment. If you feel that your classification is incorrect, then discuss this with the HR department.

If they refuse to reclassify you but you still feel that this is incorrect, then you can file a Form SS-8 with the I.R.S. This will result in the I.R.S. reviewing the information you submit to determine whether you should be classified as an employee or an independent contractor. The I.R.S. will contact your employer to obtain additional information, and then a decision will be made concerning whether you should be classified as an employee or independent contractor.

In the meantime, you should make estimated tax payments to the I.R.S. for 2017. Otherwise, you're going to have a balance owed when you file your 2017 return. Because nothing has been withheld from your wages and you are (or were) in possession of the funds from which taxes were to be paid, you can not legally make your employer liable for the taxes that they failed to withhold (other than the employer's share of FICA taxes, assuming that the I.R.S. determines that you should be classified as a W-2 employee). I know that your employer is causing this problem, but it is legally your responsibility to insure that the correct amount of taxes are paid, so you will be required to make estimated payments to cover any tax deficiency for 2017.

Answered about 1 month ago.


Once taxes have been paid and you receive a letter stating so, can they later say you owe more taxes for the same period: Owed taxes from 1999-2008. Paid said taxes received a letter from the Ga. dept of Revenue stating taxes from this period are paid, satisfied and cancelled. I received a letter now stating I still owe for the same tax period. Can they do this

Asked about 1 month ago in Tax

Brad’s answer: If you have proof that the balances were paid in full, then you can respond to the letter with that proof. I would suggest not only submitting a copy of the letter stating that the tax periods were paid in full, but also images of the canceled checks showing that the payment was processed and received by the Georgia Department of Revenue.

If you don't have these documents, then you may want to request an account transcript that would show all payments made toward those tax periods. Of course, if the Department is of the impression that you still owe these balances, then their account transcripts may not reflect any payments. This could be problematic, as it would now be the Department's word against yours if you have no proof and they have no record of receiving payments.

Generally speaking, there is a limit on the amount of time that the Department has to collect past due tax debts. Some of these tax periods may fall outside that statute of limitations, depending on when the taxes were assessed. Also, the Department only keeps various tax records on file for a limited period of time, so if they try to enter an assessment too late, they have very limited or no information with which to calculate an assessment. The Department has a responsibility to use the most accurate information available to them to enter assessments, and if they intentionally or negligently wait until tax records are disposed of, then it could be argued that the Department has not fulfilled its legal obligations to accurately calculate the taxes owed.

Ultimately, if you don't have the letter stating that full payment was received, and you don't have evidence of the payment being processed, then you may want to contact a Georgia tax attorney to determine what options you have for challenging the Department's claim.

Answered about 1 month ago.


Can i get a prenuptial agreement written to protect me from my fiancés IRS debt?: Me& my bf of 7 yrs ;) are engaged we plan to marry but before we do I want to be sure I am protected from his IRS debt he does not owe much. Its like $1,000 from three years ago when he filed taxes and did not have health insurances. Is there a prenuptial agreement that can be written to protect me so they cannot take the property my parents plan on giving us once we get married? Also will it hold up?

Asked about 1 month ago in Tax

Brad’s answer: A prenuptial agreement is unlikely to protect you, but it is also unnecessary. A prenuptial agreement would only allow you to dictate that, if a divorce occurs, you can not be held liable for this debt. The agreement can not prevent the I.R.S. from collecting. However, you can prevent the I.R.S. from collecting in other easier ways.

If your fiancé sets up an installment agreement and does not default on that agreement, then the I.R.S. can not legally take enforcement action against him or you, Any time the debt owed is less than $50,000, you have up to 72 months to pay off the balance owed. So with a balance of $1,000, he could set up a monthly payment plan of $30 or less and everything should be fine.

You are not liable for the taxes he owes, even if you marry him. They can not collect from you individually. If you plan on having any property owned jointly with him, then yes, they could try to collect from anything that you jointly own, as anything with his name on it would be reachable by the I.R.S. However, it is highly unlikely that the I.R.S. would seize real property in an attempt to satisfy a $1,000 balance. In all likelihood, they would attempt to garnish wages or levy bank accounts in order to collect the amount owed. This assumes, of course, that he hasn't set up an installment agreement; if he sets up an installment agreement with the I.R.S., then they can not collect from him.

It would be best for him to set up an installment agreement, or take out a loan and pay off the I.R.S. in full. He shouldn't ignore the I.R.S. and allow them to take enforcement action against him. Setting up a payment plan now will also assist with keeping the balance lower, because so long as he does nothing, interest and penalties continue to accrue on the balance.

One other thing to keep in mind is that so long as he owes a balance, they will keep his tax refunds each year and apply them to the balance owed. If you file jointly with him, that means they will keep the total refund shown on the joint return. While you can petition to get your portion of the refund back, it would generally be simpler to file a married filing separately return so that you automatically get any refund owed to you. Alternatively, you can file a joint return if you want to use your refund to assist with paying the balance he owes.

Answered about 1 month ago.