Legal Question in Tax Law in Massachusetts

I am filing my taxes and found no federal withholdings on my w2. After contacting my employer I was told I was incorrectly assigned a foreign income exemption status. Now my wife and I will owe some money to the irs. When I estimate what my federal withholdings would have been and plug that number into the tax filing it shows a refund of a substantial amount. Do I have any options against my employer?


Asked on 4/14/14, 5:21 pm

1 Answer from Attorneys

The only claim you will have is if you have a penalty from not paying enough taxes during the year. While the employer is required to properly withhold taxes, the only real damage you have is if you owe a penalty or interest for underpaying your taxes.

The first thing you should do is make sure your employer is withholding the correct amount now as well as social security taxes.

Make sure he paid the social security taxes as well for last year.

This is why employees need to check their weekly pay stubs to make sure withholding is correct.

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Answered on 4/14/14, 6:11 pm


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