Taxes withheld by employer question.

[daughtersrus]

Is there a way to find out if the taxes that are being taken out of an employee's check are really making it to the proper taxing body (FICA, Fed, State...)?

I posted last week about DH's 401K issues at work. He found out Friday that some people have money taken out for child support. That money is coming out but it's not being sent to the state. Thankfully, we're not in that situation but now I'm wondering if the taxes that are coming out of DH's check are really going to where they should be or if they are floating it.

Is there a phone# that we could call to see what his total taxes paid in so far are?

 

[tlbwriter]

I would contact your state's tax commission.

 

[marymouse]

It is my understanding that for the taxes you are talking about the employer is reponsible for paying them. If they don't pay they don't penalize your husband they penalize the employer. Your husband "paid" the taxes when they were taken out of his check.

Child support probably falls under a different category but it shouldn't IMO.

 

[daughtersrus]

It is my understanding that for the taxes you are talking about the employer is reponsible for paying them. If they don't pay they don't penalize your husband they penalize the employer. Your husband "paid" the taxes when they were taken out of his check.

Child support probably falls under a different category but it shouldn't IMO.

So we'll still get our tax refund when we file our taxes even if the employer didn't pay all of the money in?

 

[hearingaidmom]

So we'll still get our tax refund when we file our taxes even if the employer didn't pay all of the money in?

Yes

 

[DebbieB]

So we'll still get our tax refund when we file our taxes even if the employer didn't pay all of the money in?

I would double check his W-2 when you get it next January. They could "fudge" the numbers.

 

[scrapquitler]

I suggest that the OP have her husband keep EVERY pay stub to prove that they money has been withheld in case there is an issue later.

 

[jen0610]

I would double check his W-2 when you get it next January. They could "fudge" the numbers.

And I hate to say it, but also watch your SS statement that he'll get.

I use to work for a lawyer that NEVER paid the withheld taxes on time. As in, it took 6 years for my SS statement to reflect the correct amount. My check stub for the last pay check of the year 1998 and the last check in 1999 both had the correct amounts and it matched the W2 form, but when you looked at the SS statement, the amouts it showed I earned were off by his W2 amounts.

There were 2 of us in his office that left at the same time, I had only worked there for 6 months, she had been with him for years. His wife took over the books and created the mess, along with several other messes, which lead to both of us leaving. We both had Dec birthdays and I called her when I got my SS statement and noticed the difference. We went together to the SS branch with all of our info and the SS statement. We had to fill out some forms and they handled it. Like I said, it took 6 years for the correct amount to finally show up on my SS statement.

 

[golfgal]

I think it is time for you to call your Department of Labor. In our state at least, this is the department that would assist you in dealing with these issues. Things don't sound good for your DH's company. I would also have your DH update his resume and start looking elsewhere.

 

[IhavePDD]

If the employer withholds taxes and does not remit them to the proper taxing authority you will not be penalized for it but the employer will. It will not effect your tax returns/tax refunds. However, if he is having any money withheld for 401K(plus any employer match) I would check with that fund manager ASAP and make sure the money is being deposited into his account. With that you do not get credit until the money is actually there. As for Child Support anyone having that withheld should check with the local agency. If the agency does not receive the money they may tack on penalties and/or interest.

Sounds like a shady employer, I know, I used to work for one like that.

 

[Dan Murphy]

Department of Labor.


(not to be taken as legal advice)

 

[bettymae1121]

If your DH's paychecks are real paper checks, if at all possible I'd start cashing them on the same day you get them at the issuing bank. If it's a ruber check they'll tell you right away that funds aren't available and you'll save the bounced check fee and you'll know right away to cancel any bill payments or withdrawls you had scheduled with the assumption you'd, you know, actually get paid.

This sounds like a business on the brink of closing it's doors. I agree, have your DH start getting his resume together, at the very least.

 

[dodukes]

I remember your post on the 401k, I agree start keeping every pay check stub. Theres really nothing you can do if they don't I dont think but you won't be at fault. I say as well let him start looking for another job.

 

[goofyernmost]

If that is truly happening that is the least of your worries. That place is about to not exist and the owners are about to find out what prison is really like.

I would advise contacting the IRS and seeing if your deposits have been made. That will automatically set the wheels in motion to correct the problem. Sadly, the correction may be that the company is dissolved leaving him without a job. I would encourage him to find something else...soon.

Two things the government has no sense of humor about is an employer "playing" with employees money and, even bigger, the IRS not getting their money.

 

[Cheshire Figment]

If Federal Taxes (Withholding, Social Security, and Medicare) are taken from a person's pay and not forwarded to the Government, as long as you have proof you will receive credit for these even if not actually paid.

IRS will go after both the business and all responsible parties. In addition to collecting the taxes, the IRS can give a 100% of tax civil penalty to everyone who is considered a "responsible party". This can include the business owner, the president of the company, the treasurer of the company, the person responsible for submitting tax returns, and certain others. This is in addition to criminal fines and/or imprisonment.

They take this very seriously.

Mike (CPA Retired)

 

[Kimberle]

You can call the IRS directly. They will tell you what has been applied to your account. (I have done this, not for your "reason".)