Maple Shade, NJ asked in Employment Law and Tax Law for New Jersey

Q: My employer isn't taking the correct amount of federal taxes out if any. Ive tried fixing it for months. What can I do

Most weeks they took out nothing. I was claiming 0 and married. I changed it to 1 then back to 0. I now have it 0 married but take out single with an extra $20. But I don't think they are taking the right amount out for any of the taxes now that I started looking closely. I called the labor board who said call the IRS who said call BBB who said call Labor board. My work says they take out what I tell them. I don't think I'm the only one there that this is happening to. I'm the only one trying to figure out why.

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2 Lawyer Answers

A: The IRS changes the schedules for withholding all the time. It is your responsibility to tell your employer how many dependents you claim and your marital status--and any other info requested on the Form W-4. If you do not think it is enough, you can instruct them to take out additional money. You can also send them a memo to be able to document your attempts too.

Andrew M Steiger
Andrew M Steiger
Answered
  • Tax Law Lawyer
  • St. Clair Shores, MI

A: Maybe your employer is attempting to intentionally misclassify you as independent contractors to avoid FICA, Income tax withholding and unemployment taxes. Questions to ask yourself- is this your first year with this employer? Is t in economic trouble? Etc. maybe call your state unemployment insurance board to see if you are classified as an employee. Wouldn’t be the first time something like this has happened.

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