Hi, I work Monday through Friday for a property management company in which everything is fine taxwise. Then, to pull in a couple extra bucks, I work on-call for Kaiser Permanente on the weekends. Last year I owed $2000 in taxes so I switched my withholdings to zero for both state and federal for both jobs ASAP. The other day, I noticed that when I work less than 2 days in a pay period for Kaiser, they only take $5 for state and federal and when work 1 day they aren't taking anything. They only take out state and federal when I work 3 or more days in a payperiod so it's never consistant. I am claiming zero for state and federal in which they are supposed to take the most from what I understand. I did not give them permission to not take anything. So far, they have only taken $380 for federal and $40 for state this year. They are causing a total frickin tax nightmare for me. BTW- to make matters worse, I have no write-offs. I had to take a loan to pay the $2000 I owed this year and used to get money back when I had only one income. So back to my question: Since I claimed zero across the board and they failed to take any tax out on these specific payperiods eventhough I requested that they take the most so that I wouldn't be in this position, can they somehow be held liable?? Thanks in advance. I don't know how to reply in Yahoo Answers, but please know that it is deeply appreciated. Rob
Your part time job is unaware (at least in the payroll department) that you have other income, so they withhold based on the assumption that what you make there is your only income. Its very possible that if you only work part time, the correct withholding per IRS tax tables is in fact $0. It is your responsibility to make sure you have enough taxes withheld. You always have the option to specify on your W-4 to have extra taxes withheld. You should run an estimate of your 2009 taxes and adjust your W-4 now if necessary. There are several good calculators online that give very accurate estimates. The IRS has one on their website.
I work for a payroll processing company and this situation happens frequently. The software companies like mine use to process payroll figure tax liability based on the annualized tables provided by the government in the Employer's Circular E. If the software determines that the employee has no tax liability, we do not withhold tax from the check. However, you are smarter than the software about your personal situation. If you want income tax withheld - fill out an adjusted W-4 for your wife's employer. There is a spot to have an additional amount of tax withheld each pay period. The software will add this additional amount ($5, $50, $100, whatever to the zero amount of calculated liability and withhold that). Our software also allows individuals to withhold at a flat percentage amount if they desire (this bypasses the government tables). You have options besides paying at the end of the year. Good luck. :)
Even if they make a mistake, you are still the one who is responsible for checking it so no, they aren't liable. But tax each pay period is calculated as if you made that same amount every pay period all year, and as if that's your only job which in your case it isn't. So if you only work one or two days, you probably don't make enough to owe much if any tax, that's why they take out so little. You need to fill out a new W-4 requesting that an extra amount be taken out of each paycheck. Can't say how much that should be without knowing what you'll make total for the year from each job. Since you have zero on each job's W-4 you might not be in trouble this year, but no way to tell without more info.
Dear Rob: The issue comes when a person has multiple employers. The with holding would be Germantown if you just had one, but when you add the two together there is a mismatch.(not enough with holding to cover both) What you can do is fill out another W4 and request an additional amount to be with held each pay period regardless of income for the period. Just to complicate matters is the governments MWP rebate. (making work pay). This government program requires employers to hold out a little less each pay check. Do a quick check on your income total this year and possibly put some money away before next Apr. if required. This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided. Click on my profile to read more. Errol Quinn Enrolled Agent
The amount you are making is most likely falling under the threshold required to take out taxes. The Making Work Pay credit is also reducing the withholding. Since you have 2 jobs you will have 400 less of a refund because you are getting the Making Work Pay credit twice. I would recommend you increase your withholding on your fulltime job to accommodate this. If you are already claiming 0 you can actually specify an extra amount each payday.
Your employer cannot be held liable as long as he follows the IRS rules
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