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I work at an optometry as a secretary. I am 18, married, no children, and my husband is in the navy. When we moved to California (we are originally from Colorado, and we should be paying Colorado tax since my husband is in the navy) I started working at this Optometry. I was very naive and trusted the doctor (my employer) and filled out a W-9 upon request. Now I come to find out that a W-9 is for independent contractors and she is making me pay both halves of the taxes, instead of her paying her half. I know it was a very unintelligent move, please do not tell me that I was an idiot or be sarcastic about it because I know I made a big mistake. I confronted her about this and threatened to quit. She made me an offer of having me fill out a W-4 that starts from January 1st of this year. She has been paying me $8 minimum wage and has not been taking taxes out. So far this year I have received $2267.36. She told me she can take all the taxes that should have been taken out on my previous checks out of my next paycheck. Can she do that? If so, how much should she be taking out? Is there a website I can go to that will help me figure this out? I have been trying to research it and get tax help but I have had no luck. Also, if anyone is willing to help me and follow up with me on this I would be so very grateful. My e-mail is IceShafter@yahoo.com. Thank you so much in advanced for helping me. I appreciate it.
DO NOT ACCEPT THIS OFFER. She is screwing around and will probably tack on all the payments as wages and you get screwed on taxes. Make her go back and amend the payroll for 2013. Yes, it CAN be done. It will cost her, but the alternative is you file complaints with the IRS, the Anniston department of revenue/taxation, the Anniston unemployment division and the worker's compensation agency. All will be glad to assess her penalties and interest as well as possible criminal charges for failure to file payroll taxes. IF, and I do mean IF, you decide not to "make waves", I suggest that you take this deal. She pays you, in cash, any additional tax you owe because she did not do this right. I mean cash. If she pays you via check, she will probably try to issue you a 1099 or add it to your payroll as wages for 2014. The primary additional tax you owe as a mis-categorized contractor is the Employer half of FICA. SE Tax is essentially both halves of FICA; employee and Employer. So, she owes you 1/2 the SE Tax.
At 18 I am not suprised that you expected your employer to act ethically. First question - did this affect any paycheck you received in 2013? If so, then you have that year to clean up. Also, you might want to make sure she is sending in the employer's part of FICA (that is SS and Medicare taxes) and make sure that she is not making you pay for that part. She is more likely to be concerned about you maybe reporting her to the IRS for her actions. The link below will give contact information to local IRS offices - they are the best resource you have in this matter.
When she gave you a W-9 to complete, that was your first clue that you were NOT an employee and she is paying you(incorrectly) as an independent contractor, and unfortunately you are responsible for both sides of FICA you can get the form SS8 from www.irs.gov, complete it and submit to IRS for their determination especially if you continue to work for her now to the military, whatever his home of record is while he is in the service is the state tax you are responsible to file, only your income in Calif. is taxable to Calif a law was passed a number of years ago that allows the military spouse to claim the state of the person who is in the military if this is Colo then likely all your combined income is taxable to Colo
There is no way to answer this. the amount will be different if she calls it a single lump sum payment or she determines the per week amount and adds them together. At 40 hours x $8 = $320 However, she calculates it, you will not be receiving a paycheck at all this week and maybe not a paycheck next week. You owe $174 in FICA taxes. You owe approximately $220 in federal income taxes (10% of your income). Plus state income tax which I don't have memorized.(probably around 6%) You can go to paycheckcity.com to calculate the different tax scenarios.