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4 Answers

My employer won’t give me my W4?

Asked by: megan 957 views YA Discussion

I’ve been working for him part time for 8 months. It’s a family restaurant. I requested my pay stubs from him (he doesn’t normally give them) so I could rent a new house and I noticed that he’s taking a lot out, and I have two kids I should be claiming…. When I asked him to let me fill out my W4 he said he doesnt use them. That he takes out a set percentage from everyones pay check for taxes. He also said he doesn’t have the software to do W4s…does this sound sketchy? Should I contact the IRS?

Asked: shewontlearn

How others found here:

  • my employer did not give me a w-4 to fill out
  • does an employer have to provide copy of w4 if requested?
  • what do i do if my employeer does not have my w4 on time

4 Answers



  1. Judy on Jun 01, 2011 Reply

    VERY sketchy. He’s breaking the law, and very likely is just taking out money but not remitting it to the IRS.

    Look for another job fast though – there’s a good chance he’ll be out of business once the IRS gets onto him.

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  2. Bobbie on Jun 01, 2011 Reply

    YES it sure does and probably is and once that the IRS gets involved with this business operation that has been going on they will really have some big problems to settle.
    You could also choose to use the SS-8 form for this purpose BUT you sure will be starting a process that your family restaurant will NOT appreciate and will probably cause the family restaurant to end up having to shut down the operation once you were to choose this option for this purpose.
    Use the search box at the http://www.irs.gov website for the SS-8 form Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding and look at it and see what you think about it and your future place that you are now working and receiving some type of compensation for performing your services now at this time in your life and make your decision yourself that you will have to be responsible for making on your own after you read and understand all of the enclosed information that is available to you for this situation.

    http://www.irs.gov/pub/irs-pdf/fss8.pdf

    OK your next step will be to ask how and what form they will be using to report your gross pay amount and the withheld tax amounts to you and to the IRS after the end of the current tax year so that you will have your necessary need information in order to correctly fill out and file your 1040 federal income tax return.
    Then IF and WHEN you would get an answer from them about this you would have to take your next step that you choose to take for this situation.
    NOW just make sure that you have some very good detailed records and receipts showing all of this total gross pay amounts that you have received during the tax year and that you might continue to receive for the rest of this tax year BECAUSE you could very well need this required information to correctly complete your 1040 federal income tax return for the 2011 tax year in the year 2012.
    You could start by using the search box at the http://www.irs.gov website for Misclassified Workers to File New Social Security Tax Form

    http://www.irs.gov/newsroom/article/0,,id=176666,00.html

    WASHINGTON — The Internal Revenue Service has developed a new form for employees who have been misclassified as independent contractors by an employer. Form 8919, Uncollected Social Security and Medicare Tax on Wages, will now be used to figure and report the employee’s share of uncollected social security and Medicare taxes due on their compensation.
    Sometimes the worker is incorrectly treated as an independent contractor when they are actually an employee. When this happens, Form 8919 will be used beginning for tax year 2007 by workers who performed services for an employer but the employer did not withhold the worker’s share of social security and Medicare taxes.
    In addition, the worker must meet one of several criteria indicating they were an employee while performing the services. The criteria include:
    The worker has filed Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, and received a determination letter from the IRS stating they are an employee of the firm.

    http://www.irs.gov/pub/irs-pdf/fss8.pdf

    Hope that you find the above enclosed information useful. 05/29/2011

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  3. tro on Jun 01, 2011 Reply

    he doesn’t need software to prepare W-4′s they are forms freely available from IRS and have nothing to do with computers
    I hope you are keeping the pay stubs, if he can’t provide a w-4 for you to complete I wonder what he will do when it is time to prepare W-2′s
    yes, he is very ‘sketchy’
    your state labor board might be your first call

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  4. Habah on Jun 01, 2011 Reply

    1) “I requested my pay stubs from him (he doesn’t normally give them)”
    He is requred BY LAW to give you a paystub with each payroll.

    2)”When I asked him to let me fill out my W4 he said he doesnt use them”
    He is required BY LAW to have you fill one out and keep it in your employee file for as long as you are an employee. It is recommended that he have you fill out a new one every year. He is not required to give you a copy but is required to allow you to view your employee file upon request.

    3) “He also said he doesn’t have the software to do W4s”
    I believe you mean W-2. This is an ANNUAL form and is NOT provided during the year.

    And pertaining to the above question, he is required by law to produce a copy for you and file a copy with the IRS. Now, if he has not been withholding taxes, he is considering you an independent contractor. He is probably wrong in this. He is also wrong that he is not required to provide you a 1099-MISC (annually) for the total amount he paid to you.

    “Should I contact the IRS?”

    ABSOLUTELY.

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