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Wage & Salary Issues Minimum wage laws, vacation pay, overtime, etc.



               


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Old 11-15-2008, 03:23 PM
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Payroll Tax Liability


What is the name of your state (only U.S. law)? Florida
I worked for a company that had problems making payroll and subsequently paid us only twice this year (Jan & Feb) by writing a manual check and not going through the payroll company. Company is now out of business. None of the wages or taxes were ever reported to the IRS. So, we won't be receiving any W2's. It's like we got paid "under the table". When I file my tax return I don't want to do anything illegal by not reporting it becaue I know that the IRS has already been made aware of this from former employees who are trying to get the employer in trouble becasue he did not paying payroll taxes. My question is will I be liable for paying the payroll taxes on my gross wages that I received? Or will I have to pay taxes on the amount I received (which was the net amount after taxes)?
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Old 11-15-2008, 04:51 PM
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You will have to pay taxes on any monies received that haven't been taxed already.
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Old 11-16-2008, 12:12 PM
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That's what I thought but another co-worker went to see a CPA and they told her that she would not be responsible for the fact that the employer did not remit the taxes that were taken out of her pay. The amount we received was our regular net amount that we normally received every payday. The CPA said that since the employer took the taxes out of her check that the IRS would then go after the employer because he didn't remit it to them.
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Old 11-16-2008, 01:20 PM
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File Form 4852


Quote:
My question is will I be liable for paying the payroll taxes on my gross wages that I received? Or will I have to pay taxes on the amount I received (which was the net amount after taxes)?
Since taxes were withheld, you should file Form 4852. You can access it at [url]http://www.irs.gov/pub/irs-pdf/f4852.pdf.:[/url])

Your former employer has until January 31 to send you a W-2. If you do not receive one, send a written request and give him/her/it time to respond before filing Form 4852.

Last edited by mtpockets; 11-16-2008 at 01:22 PM.
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