Can A Job Take Taxes Out Of Your Check Without You Filling Out Any Paperwork?

Sun, Jan 3, 2010

I work at a restaurant in NYC and we’ve always gotten paid without taxes being taken out of our checks. We instead claim the money and pay taxes every year to the government. I just found out the job is going to start taking taxes out of people’s checks without notifying them first and without having us fill out any paperwork such as a W-2 or I-9 form. Is this legal?

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9 Responses to “Can A Job Take Taxes Out Of Your Check Without You Filling Out Any Paperwork?”

Wood Smoke ~ Free2Bme! Says:
3. January 2010 at 10:46 am

Just for your info. http://www.irs.gov, individual, withholding calculator, complete the forms and at the end, you can print out your own completed w-4.
You can update this at anytime..
good luck & bless & MUCHO TIPS

crazydav Says:
3. January 2010 at 10:46 am

Yes, it’s legal. They might have gotten some heat from the labor department or worker’s comp for paying you as independent contractors when you really weren’t. If they start paying you as employees, they need you to fill out a w-4 form to get your social security number and withholding information. They should also have you fill out an I-9 form. This form is used to verify citizenship.

Judy Says:
3. January 2010 at 10:46 am

If you are employees, the business is REQUIRED to take out taxes – if they haven’t been up to now, they’ve been doing something illegal, and it sounds like they are now trying to correct it. The business doesn’t keep the taxes – they submit them to the federal and state governments on a regular basis, in your name.
So to start taking out taxes, which they should have been doing all along, is not only legal, it’s legally required for them to do.
If you’ve been paying taxes anyway on your own, this won’t cost you any extra, and will probably end up costing you less since now you’ll only be paying half of the social security and medicare instead of both halves – the employer will now be paying their half. If you’ve just been collecting your pay in cash and NOT paying the taxes on it, then you also have been doing something illegal.
An I-9 form is supposed to be filled out for every employee when they start work. This document verifies that the person is legally permitted to work in the US.
A W-4 form is required for each employee. That’s the form the employee uses to let the employer know how much income tax to withhold from their pay. If there is no W-4 on file yet for the employee, then there are laws on how much they withhold. If you don’t get a W-4 form to fill out shortly, then ask your boss for one, or download one at irs.gov, fill it out, and give it to him or her.
A W-2 is the form you get at the end of the year showing how much you made and what was withheld. You don’t fill that out, the employer does.

Bostonian In MO Says:
3. January 2010 at 10:46 am

Sounds like your employer has been jacked up for not paying payroll taxes.
The I-9 has nothing to do with taxes; it’s for proof of legal entitlement to work in the US. The W-2 is what you’ll get from them next January.
Obviously you were notified, since you know about it.
You will be asked to fill out a Form W-4. Or you could just download it from the IRS website, fill it in, and give it to your employer.

curiosit Says:
3. January 2010 at 10:46 am

It’s illegal for them not to take taxes out. They can get in trouble for that with the IRS. The only way they can do this legally is to list you as an independant contractor and give you a 1099 at the end of the year. Then they are covered if you don’t pay your taxes. They are in their legal rights to put everyone on a standard payroll system and have taxes taken out of their pay. Most insurance companies will not insure a business without a payroll system because if keeps track of who is employed and who is not. If you do not fill out a w-4 form then they have the right to put you at the highest taxed which is single no dependents. It is in your best interest to be on payroll. This way you have unemployment benefits and medicare and social security being paid by your employer and you so if you ever need it this money it is there for you. And the I-9 has nothing to do with taxes it is to find out if you are legally allowed in this country and working.

stockosl Says:
3. January 2010 at 10:46 am

I believe all businesses over a certain size are required to withhold federal, employment, and income taxes, unless you are considered an independant contractor.

JC Says:
3. January 2010 at 10:46 am

Form W-4 is for tax and I-9 is to check illegal to work or not.
IRS and state want you tax money before you touch it. I think the tax rule change, while employee earn more than a certain amount the employer had to have the tax take out from the payroll. Fill out the forms now and keep you money.

taxman Says:
3. January 2010 at 10:46 am

They are doing what they should have been doing. If you are an employee. you are supposed to have taxes withhheld from your check(federal income tax, state income tax, social security tax, and medicare tax) But they are supposed to have you fill out a W-4 form.

bubuane2 Says:
3. January 2010 at 10:46 am

No because you don’t authorize them to do so. the purpose of a from w4 is for the employer to withold the correct amount of federal tax from your paycheck. As of Form I-9, well it MUST be completed at time of hire. You can offer them to fill out form W-9 which is the independent contractor form and they will give you a 1099 at the end of the year. They are really not suppose to start you on payroll without proper paperwork.

Wood Smoke ~ Free2Bme! Says:
3. January 2010 at 10:46 am
Just for your info. http://www.irs.gov, individual, withholding calculator, complete the forms and at the end, you can print out your own completed w-4.
You can update this at anytime..
good luck & bless & MUCHO TIPS
crazydav Says:
3. January 2010 at 10:46 am
Yes, it’s legal. They might have gotten some heat from the labor department or worker’s comp for paying you as independent contractors when you really weren’t. If they start paying you as employees, they need you to fill out a w-4 form to get your social security number and withholding information. They should also have you fill out an I-9 form. This form is used to verify citizenship.
Judy Says:
3. January 2010 at 10:46 am
If you are employees, the business is REQUIRED to take out taxes – if they haven’t been up to now, they’ve been doing something illegal, and it sounds like they are now trying to correct it. The business doesn’t keep the taxes – they submit them to the federal and state governments on a regular basis, in your name.
So to start taking out taxes, which they should have been doing all along, is not only legal, it’s legally required for them to do.
If you’ve been paying taxes anyway on your own, this won’t cost you any extra, and will probably end up costing you less since now you’ll only be paying half of the social security and medicare instead of both halves – the employer will now be paying their half. If you’ve just been collecting your pay in cash and NOT paying the taxes on it, then you also have been doing something illegal.
An I-9 form is supposed to be filled out for every employee when they start work. This document verifies that the person is legally permitted to work in the US.
A W-4 form is required for each employee. That’s the form the employee uses to let the employer know how much income tax to withhold from their pay. If there is no W-4 on file yet for the employee, then there are laws on how much they withhold. If you don’t get a W-4 form to fill out shortly, then ask your boss for one, or download one at irs.gov, fill it out, and give it to him or her.
A W-2 is the form you get at the end of the year showing how much you made and what was withheld. You don’t fill that out, the employer does.
Bostonian In MO Says:
3. January 2010 at 10:46 am
Sounds like your employer has been jacked up for not paying payroll taxes.
The I-9 has nothing to do with taxes; it’s for proof of legal entitlement to work in the US. The W-2 is what you’ll get from them next January.
Obviously you were notified, since you know about it.
You will be asked to fill out a Form W-4. Or you could just download it from the IRS website, fill it in, and give it to your employer.
curiosit Says:
3. January 2010 at 10:46 am
It’s illegal for them not to take taxes out. They can get in trouble for that with the IRS. The only way they can do this legally is to list you as an independant contractor and give you a 1099 at the end of the year. Then they are covered if you don’t pay your taxes. They are in their legal rights to put everyone on a standard payroll system and have taxes taken out of their pay. Most insurance companies will not insure a business without a payroll system because if keeps track of who is employed and who is not. If you do not fill out a w-4 form then they have the right to put you at the highest taxed which is single no dependents. It is in your best interest to be on payroll. This way you have unemployment benefits and medicare and social security being paid by your employer and you so if you ever need it this money it is there for you. And the I-9 has nothing to do with taxes it is to find out if you are legally allowed in this country and working.
stockosl Says:
3. January 2010 at 10:46 am
I believe all businesses over a certain size are required to withhold federal, employment, and income taxes, unless you are considered an independant contractor.
JC Says:
3. January 2010 at 10:46 am
Form W-4 is for tax and I-9 is to check illegal to work or not.
IRS and state want you tax money before you touch it. I think the tax rule change, while employee earn more than a certain amount the employer had to have the tax take out from the payroll. Fill out the forms now and keep you money.
taxman Says:
3. January 2010 at 10:46 am
They are doing what they should have been doing. If you are an employee. you are supposed to have taxes withhheld from your check(federal income tax, state income tax, social security tax, and medicare tax) But they are supposed to have you fill out a W-4 form.
bubuane2 Says:
3. January 2010 at 10:46 am
No because you don’t authorize them to do so. the purpose of a from w4 is for the employer to withold the correct amount of federal tax from your paycheck. As of Form I-9, well it MUST be completed at time of hire. You can offer them to fill out form W-9 which is the independent contractor form and they will give you a 1099 at the end of the year. They are really not suppose to start you on payroll without proper paperwork.

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