All Things Tax

All Things Tax

Like the title says, from the filing process and tax questions to tax policy and reform, you can search and share All Things Tax here. This is the place to find answers to all your general questions that don't fall under the other categories. And just a reminder: questions about software or online filing should be posted in DIY Products.

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Pioneer
Posts: 2
Registered: ‎01-27-2017

How to file

I work in a convenient store. I filed out a w4 but my boss never turned it in. I get paid cash. I have a record of 52 weeks of my hours and what I got paid. I don't know how to file as I didn't get a w2 but I'm not self employed. Do I file under the store EIN or self employed? I have 3 dependents and I file HOH.
Alumni Associate
Posts: 1,925
Registered: ‎12-13-2013

Re: How to file

Hello lovemyk4. Welcome to The Community.

I have a question. Are you saying that your employer has not withheld any federal income tax, Social Security and Medicare taxes, or state income tax from the amount(s) you are paid each pay period?

It's important to keep in mind that your employer has until January 31st to release your Form W-2 to you. Have you been notified that he/she will not issue a W-2 (or 1099 MISC) to you?

Knowing this would help us to provide a more detailed answer.
WillMc1
Tax Professional (Retired)
Pioneer
Posts: 2
Registered: ‎01-27-2017

Re: How to file

My boss has not withheld anything from my checks. Other employees have received their W2's. I know I'm not getting either. I'm not trying to get anyone in trouble as I need my job, I just want to be honest about my income.
Trusted Pioneer
Posts: 5
Registered: ‎01-27-2017

Re: How to file

Paying taxes is an individual obligation.   However, the employer will provide a W-4, inorder to comply with assisting you in paying taxes that you may owe. Based on your claim, the employer should comply with the instructions per the W-4.  You can contact the Comliance and Enforcement per the irs.gov website for further information.

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Alumni Associate
Posts: 1,925
Registered: ‎12-13-2013

Re: How to file

My apologies for not answering sooner.

Some employers sometimes attempt to treat employees as independent contractors (self employed) to "save" expenses by not paying employment taxes, which is required by law. What this (likely) means in your case is your employer intended for you to be liable to file as self-employed in which you would have to pay the employer's share of Social Security and Medicare taxes as well as your own share (that is normally withheld from wages). Additionally, employers that do this are "relieved" from paying Federal Unemployment Tax (FUTA) which would mean that you would not be covered if you were ever "laid off"
meaning that you likely could not file for unemployment insurance payments. The following link provides information to help determine if you are an independent contractor or a common law employee, and what to do if you believe yourself to be an employee.

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-o...

With that being said, you would probably want to file as self-employed (Schedule C/C-EZ and Schedule SE for figuring your self employment tax) to cover yourself for 2016. However, if you do believe yourself to be considered an employee, you should follow the guidance given on the above website (file Form SS-8, etc). I can understand your not wanting to "make waves", but at the same time, employers do need to follow the rules, same as the people they hire do.

I hope this is helpful, and wish you the best of luck.
WillMc1
Tax Professional (Retired)