Durham, NC asked in Tax Law for North Carolina

Q: My girlfriend's employer failed to withhold taxes on her first $10,000 earned. Is this common? Is it allowed?

She filed as "single" with zero deductions and zero dependents. Because no tax was withheld on the first $10,000 she now owes money on her return. Not happy about it.

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1 Lawyer Answer

A: While it is not exactly "common," it also is not at all unheard of for an employer to fail to make payroll withholdings and deductions. It is often just a matter of oversight, especially with a new employee. However, an employee is ultimately responsible for checking to make sure their employer is making the required withholdings and deductions, as well as for notifying their employer of any errors.

Someone who believes their employer intentionally mishandled their payroll deductions and withholdings may consider contacting the IRS and/or the Department of Labor.

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