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employer does not want to withhold from my paycheck?

my employer says to claim nothing for w4 he does not want to withhold the federal taxes for any of the employees that work for him. Is this legal? I thought it was law for them for follow what the w4 states and withhold accordingly or is this optional? It seems to me it should not be optional if we want them to follow what the w4 says then why have a w4 at all?. I want to know if it is law to withhold from paycheck and follow what the w4 has on it. Or can they just say ah its your problem to pay taxes anyway so I won't withhold anything from your pay. Is it law?

9 Answers

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  • 9 years ago
    Favorite Answer

    It is not optional. He has to withhold Social Security and Medicare taxes even if you don't owe income tax.

  • ?
    Lv 7
    9 years ago

    Something doesn't sound right.

    There are two issues:

    1. Your employer should withhold some of your money and send it to the IRS. When you file your tax return that calculates the taxes that you owe, the amount of withheld money that was sent to the IRS counts toward your taxes. If more was withheld than you owe, you get a refund. If not enough was withheld, you owe the unpaid taxes, plus a penalty if the withholding was substantially below the amount owed.

    2. Your employer should pay employment and social security (FICA) taxes for your employment. These are not subtracted from your income. If your employer isn't paying these, it is because your employer is paying you as a contractor. If you are being paid as a contractor, it is your responsibility to pay what is called a self-employment tax.

    But you are not an independent contractor. Your employer is committing tax fraud.

  • rtfm
    Lv 7
    9 years ago

    It is the law. The employer doesn't get to tell you how to fill out your forms.

    Claiming "nothing" is not the answer anyway. If you claim zero allowances on your W-4, your employer must withhold the *maximum* amount of taxes.

  • 9 years ago

    your employer is a complete idiot no other way to describe him. He already has to withhold for SS and medicare. My bet he wants to pay you as self employed not as an employee. He has to withhold and your tax with-holdings do not cost him one dime or require additional work on his part. I own a payroll company

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  • 9 years ago

    When tax return season comes around, you will most likely owe taxes. No fun. If you are not a 1099 (independent contractor) he is required to take out taxes. Report him to either the IRS or the labor board.

  • 9 years ago

    It is not optional. It is the law.

    More to the point, if you claim "nothing", then they must withhold. The more you claim, the less they must withhold. If you claim "nothing", then they must withhold more than if you claimed something.

  • 9 years ago

    It is illegal and unethical to boot. Plus, your employer is supposed to be withholding and depositing your social security and medicare that is taken off your check (plus they are supposed to match it!). From their attitude I would be very worried that they are not depositing anything on our behalf. I would look for another job.

  • tro
    Lv 7
    9 years ago

    no it is not optional

    anything he withholds is 'trust' money, ie it is not his, he withheld it from your pay and he is obligated to send it on to IRS

    he probably is low on funds and plays around with the 'trust' money, not a good way to do business

  • 9 years ago

    He does not have the option to choose. He does not want to pay the taxes, unemployment, and workers comp.

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