Legal Question in Tax Law in Illinois

My employer has missed to deduct FICA from my paychecks

Hi All,

I'm an employee. My employer told me

that they have not deducted FICA and

Medicare taxes from my paycheck

during the last year. Honestly, I have

not realized this at all. They say they

are going to pay these taxes for me to

IRS and then I need to pay my employer

back in a few installments.

My questions are:

1. Do I HAVE TO pay this amount to my

employer? According to the related

posts in the forum, it seems that it was

the employer's responsibility to deduct

these taxes from my paycheck.

2. I need a lawyer in Chicago area to

talk to about this, any

recommendations?

Thanks,

Ucan


Asked on 8/02/06, 4:00 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: My employer has missed to deduct FICA from my paychecks

If you are an employee, then your employer is responsible for withholding the correct amount of tax from your paycheck. He then matches the payment (the employer's amount) and submits it to the IRS on a monthly or weekly basis throughout the year.

If an error was made, it doesn't mean that your employer can not collect the tax from you. The other option would be for you to report the income as from independent contracting, and pay the social security tax yourself on your 1040 return. However, paying the tax this way would actually result in a higher payment than if you were to repay your employer.

This answer to your posting does not constitute legal advice. It is based solely on your hypothetical question. There may be additional information that, if presented, would result in a different answer.

If you have further questions, please consult with a tax adviser.

Good luck to you.

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Answered on 8/02/06, 8:33 pm


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