my job didnt take out state taxes for over a year. do i have legal recourse?

Question

they say its my fault for not noticing, and now i am in financial difficulties because of the amount i owe. as far as i know, i signed all the paperwork, but i am not recieving any help from my human resources department to resolve the issue, and i dont know who to turn to for help

Answer 1

No you don't have grounds for legal recourse. Yes you should have noticed with your first paycheck.

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Hate to break it to you and everyone else, but you do not have legal recourse. They are not responsible to pay for your back taxes. You will not be fined or penalized if you file your taxes in time though though. The IRS will take your money in monthly payments, just like a creditor. They don't care how they get it, just as long as they get it. But you can't sue your employer for the back taxes you owe or the 'inconvenience' of them not taking the taxes out. It is obvious when you look at your paycheck that the taxes aren't being taken out just from the amount you get each week.

I think that you knew, and ignored it and now are upset because you owe a lot to the IRS and don't want to take up responsibility for it.

Answer 2

You have no legal recourse. As a taxpayer you are solely responsible for ensuring that sufficient tax is withheld from your wages to cover your tax liability. Your employer gives you a pay stub that lists the wages paid and any deductions including taxes. You should have immediately contacted them (Payroll, not HR) and had the issue corrected immediately.

Don't waste your time with the HR department. They have nothing to do with payroll. If they're not sending you to payroll to get answers, this only shows how little they know about pay and taxes. Contact the payroll department.

If the company failed to withhold taxes out of laziness or carelessness they may have penalties to pay but that isn't going to absolve you of the responsibility to pay your taxes on time.

Contact your payroll department and find out why no tax was withheld. If you signed a Form W-4 that claimed a large number of exemptions it's entirely possible that your employer took your word for it and didn't have to withhold any taxes based upon your claimed exemptions.

Answer 3

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Answer 4

here is what you do, Anna.

Please take all of your paystubs to the IRS and tell them that the human resources department at the place of where you do work forgot to remove the taxes and explain to them at the IRS that you don't want to penalized but the penalization should go directly to te human resources department anbd not to you.

I would say that you have an 95% chance that the people in the IRS will listen to you and try their very best to correct this problem and also that it doesn't appear on your record.

The IRS people will hound the human recourses department personnel for failing to remove the appropiate amount of tax.

I do wish you the very best of luck. Can you please keep me posted to this so that I do know how it turned out? Thank you.

Answer 5

You could try, but it's unlikely that you have any legal recourse. It's up to you to look at your paycheck and make sure that all the proper taxes are being taken out.

Answer 6

Your legal recourse depends on your state.

The "fault" is double-sided. Yes, they should have taken out the taxes from your check. And yes, you should have noticed they didn't, and compelled them to fix it. Or saved up to pay the taxes that you legally do owe.

Call you state's Labor board. Explain the situation, and let them tell you how to proceed.

Your payroll department isn't going to pay your back taxes, the best they can do is fix it going forward.

Good Luck

Answer 7

Your company can certainly be fined for failure to withhold, if they had an obbligation to do so, however, that doesn't change the fact that you still owe the money. I would file a return even if you can't pay (to avoid late filing penalties) and attempt to work out a payment plan with the state in question if you have no other source of financing the debt.

Answer 8

There's not really anything anyone can do at this point. The HR department can help you make sure you are set up properly NOW so this doesn't happen again for this year. But they're right- the responsibility is yours. You'll have to "pay up", including any applicable penalties and interest.

Answer 9

Take this matter to management and advice them f the situation and if management disagrees with you, then you must go directly to the IRS and report it to them.

Please remember that the IRS is not there to harm you but however they are there to help you out and with that in your mind, please advise them that your employer forgot to deduct some taxes from your paychecks and that you do not want, in any form or shape, that your name should be dragged into this because your name is what you have if you want you be in good standings with the IRS.

Good luck.

Answer 10

If you completed a IRS form W-4 and the employer followed that document when completing your payroll it is on you. If they did not do so you may have a recourse for any penalty you may have incurred.