Legal Question in Business Law in New Mexico

Employee Hiring tax law

There have been adds in magazines & papers telling people they do not have to pay income tax or that they can op out of Social Security tax. I know these are in error, but we have had people come in and bring these adds as well as the misinterpretation of the tax statutes. Refusing to give their SS# and refusing to fill out a W-4. Are we in our rights to not consider these people for employeement. This week a man went to the EEOC when we did not hire him, stating he had been descrimiated against because he woul not give us his SS#. The EEOC Sent us a letter notifyiing us of the claim. There was no action required from us. But it did bring up the question of our legal obligation.


Asked on 3/28/01, 10:33 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Employee Hiring tax law

The law has a term for those who know the tax laws are illegal. It is "prisoner."

As employer you are charged by law with collecting and paying 941 [withholding] taxes, FIDA/FICA. In order to do that you must report the SSN of the employee and provide a W-4. Your failure to follow the law could result in grave consequeces to you.

You have done the legally correct thing. You should have nothing to fear from the EEOC - they are obligated to advise you of the complaint. That says nothing about a finding. They will let you know.

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Answered on 5/31/01, 5:43 pm


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