I think that my job is cheating me. I am a full time high school student and according to NYS law if you are a full time high school student I should put exempt and these people are saying I'm not eligible for it. So now they're taking out income tax out of my pay check as well as federal and state tax. I should not be paying both taxes and income tax as a high school student. How can I find out what the law is so I can bring it to their faces and tell them a thing or two. Because I am not going to stand for this.
2007-10-08 03:58:01 · 6 answers · asked by Blaire 3 in Business & Finance ➔ Taxes ➔ United States
Judy...shut up I'm angry. I know that there are some taxes I can't get out of such as medicare and state as well as social security, but income and federal tax should not be in there. It says on the W2 that if you are a full time student put exempt. My sister did that and she is exempt from federal and income. By the way I earm minimum wage and work two days out of the week. What the hell? And the income and federal tax is what's really doing the most damage to my pay check.
2007-10-08 11:35:11 · update #1
The W-4 is a FEDERAL form. NY law DOES NOT APPLY. For STATE taxes, you may be exempt. I don't know NY law. Under FEDERAL law, you can only claim exempt if you had ZERO tax liability last year and expect to have ZERO tax liability this year. That is NOT the same as getting a refund. If the IRS keeps ANY of your withholding, you had a tax liability. The ONLY way being in high school matters is that you are probably considered a dependent of you parents. That actually REDUCES the income level at which you have a tax liability.
2007-10-08 07:16:24 · answer #1 · answered by STEVEN F 7 · 0⤊ 1⤋
1.Eligibility to put exempt (or anything else) on a W-4 is determined by federal law, not NYS law. Being a high school student does not automatically make you exempt. In fact, being a full time student makes it more difficult to qualify for claiming to be exempt, because it means that you are probably someone else's dependent and there is a rule that "[y]ou cannot claim exemption from withholding if (a) your income exceeds $850 and includes more than $300 of unearned income (for example, interest and dividends) and (b) another person can claim you as a dependent on their tax return."
2. If they took out either state or federal income tax and should not have done so, you can file a tax return at the end of the year (anytime after you receive your W-2) and receive a full refund from the government of the amount that they withheld. If you want refunds of both the state income tax and the federal income tax, you have to file two separate returns, one with the IRS and one with the state.
2007-10-08 14:21:48 · answer #2 · answered by StephenWeinstein 7 · 0⤊ 0⤋
There aren't any special laws for high school students for a W-4. You'd be exempt if your income is below a certain limit - if it's over the limit, you aren't exempt and can't claim that on your W-4. And NY can make rules for NY taxes, but not federal. You'd owe 7.65% for social security and medicare no matter how much or little you make, plus income tax if you make over a certain amount.
Consider the possibility that you might be the one who's wrong, not your employer.
And a separate comment: with an attitude like you have, you'll be real lucky to keep a job at all. I hope you don't act at work like you talk on this forum.
A great quote from Mark Twain: "It isn't what we don't know that gets us in trouble, it's what we know for sure that just isn't so."
2007-10-08 11:25:32 · answer #3 · answered by Judy 7 · 3⤊ 0⤋
I hate to tell you this, but if you earn more than your standard deduction, no matter what your age, you have to pay state and federal income taxes. You could claim "exempt" on a W-4 form and then your job wouldn't take out federal or state withholding taxes, but there's no form that you can fill out to not have social security or medicare taxes taken out.
2007-10-08 11:11:31 · answer #4 · answered by Anonymous · 4⤊ 0⤋
Your employer is required to withhold tax. It's not that they are cheating you, because if you do not owe those taxes, the taxes will be refunded to you.
There is mandatory payment of Social Security and Medicare. There may also be mandatory payment of state or federal unemployment taxes. You will not be refunded these taxes, and no wage earner is exempt from these taxes regardless of age.
In addition, there may be state or federal income taxes withheld. If you earn less than $5,350 in 2007, you should owe no federal income taxes, and your withholding will be returned to you when you file your federal income tax return in January.
Most states are similar in that if you do not owe federal taxes you will also not owe state taxes, and you will receive a refund by filing a state tax return.
2007-10-08 11:53:14 · answer #5 · answered by ninasgramma 7 · 1⤊ 0⤋
the laws regarding claiming exempt status are based more on what you will be earning and for how long rather than your student status.
read the attached links carefully. If you still feel you should be exempt then:
for NY fill out form IT2104E
for Fed write "exempt" on line 7 of form W-4
try to work things out with your payroll dept.
if not call 800 8291040 for feds
800 calltax for NYS
2007-10-08 11:26:27 · answer #6 · answered by goldenboyblue 3 · 0⤊ 0⤋