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Income Tax Problem Caused By Employer

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james220

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

This is my first post.

My wife of 32 years passed away in 2013 due to stroke. Of course, one of the things I had to do was have my employer update my tax status. Being aware of my situation, he told me he would take care of it. Well - he did not and I ended up oweing for 2013, so in 2014 I told my manager what happened and to please change my status from married to single. Again they failed to do this and now I owe almost $1000. I am paying installments of $50/mo to IRS.
So in addition to having to pay this debt, I will probably not get any money back for several years. In addition I am paying out 50/mo for a problem caused by my employer. What should I do?
My place of employment will probably not offer restitution. Lawsuit? Am I in the right?

Also, my wife was receiving SS and disability payments. Am I, as her widower, entitled to these payments? I have read recently that I may be (I am 61). At the time of her death, I was not offered this info.

Thanks for any info!
 
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AdjunctFL

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

This is my first post.

My wife of 32 years passed away in 2013 due to stroke. Of course, one of the things I had to do was have my employer update my tax status. Being aware of my situation, he told me he would take care of it. Well - he did not and I ended up oweing for 2013, so in 2014 I told my manager what happened and to please change my status from married to single. Again they failed to do this and now I owe almost $1000. I am paying installments of $50/mo to IRS.
So in addition to having to pay this debt, I will probably not get any money back for several years. In addition I am paying out 50/mo for a problem caused by my employer. What should I do?
My place of employment will probably not offer restitution. Lawsuit? Am I in the right?

Also, my wife was receiving SS and disability payments. Am I, as her widower, entitled to these payments? I have read recently that I may be (I am 61). At the time of her death, I was not offered this info.

Thanks for any info!
It's not up to your employer to change your status. Rather, it's your obligation to file a new W-4 with the employer advising of your status and (if any) the number of allowances. Your employer shouldn't change anything without you submitted a new Form W-4. For that reason, you have nothing to sue the employer for.

Your employer is also not responsible for you owing taxes. In fact, because you didn't submit a new W-4 you had less taken out, owing that amount at the end of the year when you filed your return. The total paid in didn't change, just the timing.
 
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james220

Junior Member
also at the time, this particular mgr was being replaced so I don't think he submitted the form. this past year I had to fill out a 2nd G4 form.
 

justalayman

Senior Member
I fill to fill out a G-4 form at the time. Looks like manager did not submit?
I don't know what a G4 is but unless you filed a new W4 with a change of withholding the employer cannot change your withholding.

If you paid attention you would have seen a change in the withholding if your tax withholding changed. If you didn't see a change you needed to address the issue with your payroll department. If you didn't see a change in over s year either you weren't paying attention or didn't care. Neither is your employers fault.

In addition, the amount you would have paid in is no more than what you are now paying in to make up for
The lack of withholding. As the other poster said; it's simply a matter of timing. You have not lost money because of the improper withholding.
 

ShyCat

Senior Member
A G4 form is for withholding of Georgia state income taxes. A W4 form is needed for withholding of Federal income taxes.
 

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