My employer did not pay my Taxes to the IRS

[sara2010 2]

that is a good point, maybe she won't need a cosponsor, but i'll bet the consulate will question it if it's that close and she doesn't have a breakdown of hourly pay or anything? just her word that she made that much in tips? as a restaurant manager i know that all my servers are issued a log book from the irs that they are expected to update daily (or by shift worked) and the irs has the right to request this log for an audit at their discretion.

WOW 29 replies with diffrent answers.

Edited November 22, 2010 by sara2010

[Kristy S 13]

WOW 29 replies with diffrent answers.

well, glad you're paying attention....guess i'll stop wasting my time trying to help you, good luck, you might need it

[Anh map 2,098]

employeres have till feb 1st and you must wait till 16th before you can call irs on it

the OP stated the checks were BUSINESS personal checks. many small businesses have "DBA" checking accounts, the checks look like a personal check. IDK that's the case here but sounds like it to me.

i agree on taking the checks with you to the tax preparer, speaking to the employer (this is what you shoud be doing instead of us!), and absolutely agree on the business isnt going to be shut down overnight for something like this

and agree also on the assets, at 16k you're only short 2111x3

seriously? you cant think of even one reason why someone would be hiding their income? i can come up with at least 3 without thinking hard (ducking Child support; receiving disability, worker's comp, or welfare fraud; getting grants for school because of "low income"). i doubt of OP (if they have half a brain) will be sharing on here why they're doing it because when people do illegal things it's not wise thing to tell about it.

Wonder why we get an extra day to issue W2's in 2011.

Personal checks are just that, drawn on a personal account. Business checks are generally drawn on a business account. Though a sole proprietor may use a personal account. The checks may look the same, or not. Some of my accounts have smaller checks that look just like my home checks. They just have the business name. Other business checks are larger and an employer may use the memo line to show the gross pay, deductions, etc. if there isn't a stub available.

Edited November 22, 2010 by Anh map

[nab 74]

true, but why would said person then file a petition with the US government and potentially screw themselves over royally?

receiving any type of asst or grants would not knock them out of petitioning.

we dont know the situation and to speculate is not our business.

that is a good point, maybe she won't need a cosponsor, but i'll bet the consulate will question it if it's that close and she doesn't have a breakdown of hourly pay or anything? just her word that she made that much in tips? as a restaurant manager i know that all my servers are issued a log book from the irs that they are expected to update daily (or by shift worked) and the irs has the right to request this log for an audit at their discretion.

restaurants deal with this in different ways, not all keep a log. some take the total of all your sales tickets and 'assume' you made an average of 8%, some take your actual tips and trust you to report that, still others take minimum wage minus what they pay and (again) 'assume' the balance is what your tips are.

WOW 29 replies with diffrent answers.

really?

ok... well good luck then. guess you have a multitude of options from which to choose.

[nab 74]

Wonder why we get an extra day to issue W2's in 2011.

Personal checks are just that, drawn on a personal account. Business checks are generally drawn on a business account. Though a sole proprietor may use a personal account. The checks may look the same, or not. Some of my accounts have smaller checks that look just like my home checks. They just have the business name. Other business checks are larger and an employer may use the memo line to show the gross pay, deductions, etc. if there isn't a stub available.

because for many many years now businesses who want to stretch it out to the feb 15th hand employees w-2 that day it's not a new thing

what you are describing above in bold is a DBA or "Doing Business As" check. it is a business account, usually a sole proprietor owner, "DBA" whatever the business name. it protects their personal checking acct from bounced checks etc

Edited November 22, 2010 by nab

[sara2010 2]

because for many many years now businesses who want to stretch it out to the feb 15th hand employees w-2 that day it's not a new thing

what you are describing above in bold is a DBA or "Doing Business As" check. it is a business account, usually a sole proprietor owner, "DBA" whatever the business name. it protects their personal checking acct from bounced checks etc

Thanks for all of your help. With these answers I found out that I have to find another job. But can I use my $20000 home value with a part time job?

[Anh map 2,098]

because for many many years now businesses who want to stretch it out to the feb 15th hand employees w-2 that day it's not a new thing

what you are describing above in bold is a DBA or "Doing Business As" check. it is a business account, usually a sole proprietor owner, "DBA" whatever the business name. it protects their personal checking acct from bounced checks etc

The IRS calendar has always stated (to the best of my knowledge) that W2's must be issued by January 31. The 2010 publication 509 states February 1st, the 2010 publication 15 says Jan. 31st.

My small size checks are drawn on a business (S corp) account as well.

Last thing this thread, or any other, needs is a dry as toast debate about IRS dates and check types.

OP has a few things to get settled so that her petitoin doesn't get snagged by this pay check / tax issue.

[CarlosAndSveta 808]

Thanks for all of your help. With these answers I found out that I have to find another job. But can I use my $20000 home value with a part time job?

As an IRS Agent, I find this thread very interesting and entertaining. You and your Father need to talk to your employer and make sure he (the employer) helps you sort out this problem.

[Kristy S 13]

As an IRS Agent, I find this thread very interesting and entertaining. You and your Father need to talk to your employer and make sure he (the employer) helps you sort out this problem.

maybe it makes me a bad person, but i just LOLed

[Speedytax 3]

Hello, time for me to put my two cents in. I have been a tax preparer for 20 years, so I know what I am saying unlike a few of the responses here.

1. the fact that he is paying you with a personal check is unimportant, I pay my employees with a personal check. But he is required to give you a pay stub with the check each payday. It must state the number of hours and Fed, state, SS and Medicare withheld. If he is not giving you this, contact your Job Services(Unemployment) office in your town. They will contact the employer and make him follow the Federal law. But as stated, it could cost you your job.

2. Depending upon your income, you may owe no taxes. If you are single, you could have made $9,300 and owed no Fed or state income tax,but you would still owe 15.3% for Social Security and Medicare. That was why one poster said save at least 15% of your paycheck. If you made over $9,300 dollars you will also owe Fed and state income taxes. which could be up to another 50% of your income, depending upon how much you made.

3. The taxes you owe are not due until April 15,2011 for this year. but they must be paid by that date or you will owe penalties and interest. Most Waitresses don't make enough to owe income taxes, but they do owe SS and medicare. and if your employer isn't paying his half of those things on you, you are required to pay them. So contact the job services office if you know he hasn't been doing what he is suppose to do. It is better to lose this job and get another one, rather than going to prison for Tax Evasion. That is what Al Capone went to prison for, and also just this week, Wesley Snipes, the actor.

Sorry I'm so long winded. Bill

[VanessaTony 3,567]

Vanessa, no need to scare the OP regarding the business being shut down. That would not happen for a while (if at all) given what the OP has told us.

and absolutely agree on the business isnt going to be shut down overnight for something like this

I never once said "your employer would be shut down immediately"... I'm sure my post implied that to some people given I said they'll probably get in ####### for tax evasion but I think no-one here is under ANY illusions about the government doing anything expediently... what I meant was the OP is probably going to be fired for bringing all sorts of hell down on his/her employer (by filing taxes it definitely brings it to the IRS's attention but the OP needs to file taxes for his/her own benefit (and because it's the law) so there's really no choice)

Edited November 22, 2010 by Vanessa&Tony

[CarlosAndSveta 808]

Hello, time for me to put my two cents in. I have been a tax preparer for 20 years, so I know what I am saying unlike a few of the responses here.

1. the fact that he is paying you with a personal check is unimportant, I pay my employees with a personal check. But he is required to give you a pay stub with the check each payday. It must state the number of hours and Fed, state, SS and Medicare withheld. If he is not giving you this, contact your Job Services(Unemployment) office in your town. They will contact the employer and make him follow the Federal law. But as stated, it could cost you your job.

2. Depending upon your income, you may owe no taxes. If you are single, you could have made $9,300 and owed no Fed or state income tax,but you would still owe 15.3% for Social Security and Medicare. That was why one poster said save at least 15% of your paycheck. If you made over $9,300 dollars you will also owe Fed and state income taxes. which could be up to another 50% of your income, depending upon how much you made.

3. The taxes you owe are not due until April 15,2011 for this year. but they must be paid by that date or you will owe penalties and interest. Most Waitresses don't make enough to owe income taxes, but they do owe SS and medicare. and if your employer isn't paying his half of those things on you, you are required to pay them. So contact the job services office if you know he hasn't been doing what he is suppose to do. It is better to lose this job and get another one, rather than going to prison for Tax Evasion. That is what Al Capone went to prison for, and also just this week, Wesley Snipes, the actor.

Sorry I'm so long winded. Bill

Good advice but I seriously doubt that she has to worry about being charged with tax evasion. Usually the IRS needs to see a willful pattern of avoidance before they consider criminal proceedings against and individual. In this case the OP would have to not file for several years before the IRS would consider civil and/or criminal fraud.

[belinda63 3,030]

I agree with most of what speedytax has stated. You need to approach your employer (and be prepared to find a new job) and ask if you are an employee or an independent contractor. The difference is as an employer he is required to with hold taxes (federal, ss, medicare, etc.) from your check, actually an employer pays part of the ss and medicare taxes themselves and you pay a part also as deductions and the employer is required to provide a W-2 by Jan. 31.

If you are an independent contractor then the employer is not required to withhold anything from your check and you are on the hook for the full taxes. But the employer must still provide you with a 1099 no later than Jan 31.

Since neither of these has happened I am guessing the owner is either ignorant of his tax obligations or he is ignoring them. Either way you need to report him to the IRS as YOUR obligation to report and pay taxes is not excused by his failure to do so. It might be possible to have the fees and fines waived if the situation is explained to the IRS, essentially your employer jacked you around.

As to the how this will affect the petition you might be able to get away with just pay stubs and a letter of employment for the K-1 interview. BUT when it comes time for AOS you are going to have to provide those tax returns.

I would suggest you get started working on this right away.

[pushbrk 12,764]

Wonder why we get an extra day to issue W2's in 2011.

Personal checks are just that, drawn on a personal account. Business checks are generally drawn on a business account. Though a sole proprietor may use a personal account. The checks may look the same, or not. Some of my accounts have smaller checks that look just like my home checks. They just have the business name. Other business checks are larger and an employer may use the memo line to show the gross pay, deductions, etc. if there isn't a stub available.

A sole proprietor may use any check they desire including their personal check from personal account. Since the OP has only worked this year, she isn't entitled to a W2 form or 1099 yet. The "employer" is required to provide one or the other by January 31, 2011.

The OP will need to sort out her sponsorship issues before the interview, which apparently will be AFTER January 31, 2011. I don't see any statement by the OP indicating anything illegal or even unusual has occurred with regard to her job or the owner of the restaurant where she works.

[ann and aties 9]

Hello, I want to ditto what speedytax said but also to put my two cents in about the independent contractor vs employee post. It does not sound to me like the OP qualifies as an independent contractor. Speedytax, if you were doing the OP's returns, would you not treat the amount earned as wages, not self-employment income? I think that would be the best route to take. And yes, there eventually will be some ramifications of that to the employer and some correspondence with the OP/taxpayer. But I think that would be filing the returns properly. I hope the OP the best luck in your journey.