What is the name of your stateNC (only U.S. law)?
i was working for this lady who told us that she was taking taxes out of our check but come to find out she never was.. we have not gotten a w2 yet ans the social sercurty place said that there were not any taxes taking out of my check..so what do i do can i sue her? if i report her to the irs then what will happen..please help i added it up and she has taking almost 6000 from me
Ok...understand some things here.
If she gave you paystubs showing withholding, but has not given you a W2, then if you don't recieve a W2 by February 15th, you can make a complaint to the IRS and get permission to use your last paycheck stub as a substitute W2.
However if she was not giving you a paystub showing withholding, but was giving your your entire pay, that's a different story. If she was withholding taxes, then federal income taxes, state income taxes and 1/2 of social security and medicare taxes would have been deducted from your pay, therefore one way or another, you would be paying for those.
What is in question is the other half of the social security and medicare taxes that are normally paid by the employer.
In that instance she would likely give you a 1099 MISC. You could then file a form SS8 with the IRS asking the IRS to determine that you were an employee, and you could file your income on form 8919 which would cause you to not be assessed the employer share of the social security and medicare taxes. However you would still be assess your regular income tax and your share of the social security and medicare taxes.
I would really recommend using a tax professional help you negotiate this maze.
