My employer failed to withhold taxes and have no documentation. Are they responsible for paying the taxes?

My employer failed to withhold taxes and have no documentation. Are they responsible for paying the taxes? I started working at a new employer in July and just found out in December that they never withheld or remitted taxes for New York City.

When I asked for a copy of the documentation I submitted when I was hired, Payroll said they never received any for state and local taxes--only federal. The city taxes are $82 per paycheck every two weeks over five months, so the total is over $1,600. I would think they would be required to have the documentation, but they didn't, nor did they bother to ask for it when they should have.

Isn't this an Error on Payroll's part. Shouldn't they have to remit the taxes instead of simply saying 'tough luck' and thereby requiring me to pay the taxes when I file my return? What is their legal obligation in this circumstance?

Asked by Sprocketman 24 months ago Similar questions: employer failed withhold taxes documentation responsible paying Business > Taxes.

Similar questions: employer failed withhold taxes documentation responsible paying.

NO, they are not responsible for paying the taxes, you are. While they should have, perhaps, been withholding the amount and paying them for you, the responsibility for paying them is yours. That's why taxes are filed at the beginning of the new year, and if you owe, you have to pay the difference.

I am not certain if a company is legally required to withhold state and local taxes, although I am guessing they are, it' also a convenience to keep exactly this situation from happening - better to take a little out each check rather than having a giant bill due at tax season. While you're perfectly able to talk to an attorney here, I don't think you have any legal grounds for taking them to court, and do you really want to if you want to continue working there? Just pay the taxes and be a little more aware of what is happening with your paycheck in the future and bring issues to their attention sooner..

If they did not deduct the taxes from your paycheck, then YOU have the money and should pay it. Why would you expect them to pay the taxes while you get to keep the tax money as well? They should have seen to it that you submitted the State and local withholding forms but surely you knew those large amounts were not being withheld.

Don't you ever look at your paystub? You really need to check your paystub every pay period to look for errors. If they did not withhold it, then you are responsible for paying it..

Folks here who don't live in New York wouldn't have any idea how to handle that one. I've never heard of taxing "$82 per paycheck" but I can believe it after what I've read of New York trying to get money every which way. Of course your Personnel Dept.

Was required to do something. The unknown is who pays the price for them not doing it? Find a New York lawyer and ask him or her..

2 I guess I don't know the official rules and regs, but my gut tells me that they are your taxes, and you will be the one who is in trouble if they are not paid. You were paid the money due to you, including the taxes that are owed. It's a shame that you didn't realize it sooner so you could set aside the taxes due, but that's the way it has happened, I guess.It might be an error in the way they do payroll, but its still your obligation to pay the taxes.

It should have been indicated (or absent) on your pay stub, I would think, if you had looked at it? .

I guess I don't know the official rules and regs, but my gut tells me that they are your taxes, and you will be the one who is in trouble if they are not paid. You were paid the money due to you, including the taxes that are owed. It's a shame that you didn't realize it sooner so you could set aside the taxes due, but that's the way it has happened, I guess.It might be an error in the way they do payroll, but its still your obligation to pay the taxes.

It should have been indicated (or absent) on your pay stub, I would think, if you had looked at it?

3 first thing you should do is go over each and every paycheck stub you received since july; double check to see whether or not any city or state tax was withheld.

First thing you should do is go over each and every paycheck stub you received since july; double check to see whether or not any city or state tax was withheld.

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