Ostroff, Fair and Company
*Ostroff, Fair and Company>>>United States Taxes

Can a job take taxes out of your check without you filling out any paperwork?



I work at a restaurant in NYC and we've always gotten paid without taxes being taken out of our checks. We instead claim the money and pay taxes every year to the government. I just found out the job is going to start taking taxes out of people's checks without notifying them first and without having us fill out any paperwork such as a W-2 or I-9 form. Is this legal?

Just for your info. www.irs.gov, individual, withholding calculator, complete the forms and at the end, you can print out your own completed w-4.

You can update this at anytime..

good luck & bless & MUCHO TIPS Source(s): imho - mucho tax experience
I believe all businesses over a certain size are required to withhold federal, employment, and income taxes, unless you are considered an independant contractor.
Yes, it's legal. They might have gotten some heat from the labor department or worker's comp for paying you as independent contractors when you really weren't. If they start paying you as employees, they need you to fill out a w-4 form to get your social security number and withholding information. They should also have you fill out an I-9 form. This form is used to verify citizenship.
Sounds like your employer has been jacked up for not paying payroll taxes.

The I-9 has nothing to do with taxes; it's for proof of legal entitlement to work in the US. The W-2 is what you'll get from them next January.

Obviously you were notified, since you know about it.

You will be asked to fill out a Form W-4. Or you could just download it from the IRS website, fill it in, and give it to your employer.
No because you don't authorize them to do so. the purpose of a from w4 is for the employer to withold the correct amount of federal tax from your paycheck. As of Form I-9, well it MUST be completed at time of hire. You can offer them to fill out form W-9 which is the independent contractor form and they will give you a 1099 at the end of the year. They are really not suppose to start you on payroll without proper paperwork.
They are doing what they should have been doing. If you are an employee. you are supposed to have taxes withhheld from your check(federal income tax, state income tax, social security tax, and medicare tax) But they are supposed to have you fill out a W-4 form.
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