Legal Question in Tax Law in New Jersey

Taxes withheld from payroll

Can my employer stop withholding taxes from my pay without letting me know? I had to fight to be changed from a 1099 to a w2. Now it looks like she stopped taking taxes out. Where can I get help?


Asked on 10/10/08, 9:30 am

1 Answer from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Taxes withheld from payroll

First, are you truly an employee or are you an independent contractor? If you can be classified as an independent contractor, there are many tax advantages for you:

1. auto/travel expense;

2. home office;

3. telephone and cell phone;

4. dues and subscriptions;

5. equipment and tools;

6. insurance;

plus many more.

The best approach is not to be adversarial to your employer. Sit down and talk with your employer to find out her intentions and then analyze this with your tax attorney. A slight adjustment to your compensation level may end up with a real win-win situation for both of you!

I hope this helps!

Ron Cappuccio

http://www.TaxEsq.com

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Answered on 10/11/08, 8:49 am


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