• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

No W-4 form?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Mocars

Junior Member
What is the name of your state (only U.S. law)? NY

Hi, I previously worked at subway for around 3 months, I recently learned about w-4 forms. If I never filled out a W-4 form, is it legal for taxes to be taken out of my paycheck. On the check it says NYDIS deductions, and FICA can some one help me out? Also, will i receive a W-2 form if I have never filled out a w-4?

thanks
 


FlyingRon

Senior Member
The employer should have made you fill out a W-4, but the HAVE to take taxes out even if you don't. Since there doesn't seem to be any state or federal income tax taken out, they probably just assumed you would file exempt from withholding (but you still have to pay the FICA/DIS).

Presumably they have your SSN which is pretty much all they need. Having your mailing address will make it easier to find you when it's time to issue the W-2s.

If you disagree with how your being withheld, you can submit a W-4 at this time to change it.
 

pattytx

Senior Member
If you don't submit a W-4 form, the employer is required to withhold at single-0; they cannot legally "assume" you would have claimed exempt from withholding. You must pay FICA and Medicare taxes, (7.65% of wages) and the employer can charge up to $.30 per week for the disability coverage NY law requires they carry. It's possible that you didn't earn enough on a pay period basis to have income tax deductions. For example, for federal income tax, even at Single-0, you would have to earn more than $145 per week to have FIT withheld.

I guess I'd better start monitoring this forum. :rolleyes::p
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top