I work at a small business where we get paid with personal checks, and I don’t get paystubs. I’ve noticed some money is being taken out of my checks, so I’m not getting paid just my full income. When I asked my boss if he’s taking taxes out, he said, ‘Yeah, you’ll get a W-2 in April.’ I’m concerned because he’s never asked me to fill out any tax forms or collect any of my information like my address. He only knows my name. Will I be good to do my taxes when the time comes, or is my boss lying? How do I get my tax forms if he doesn’t even know my address? This is my last week at this job, and it doesn’t look like he’s going to talk to me about taxes anytime soon.
He’s supposed to send you a W-2 by January 31, so you should have it by the first week of February, not April. Sounds like he’s just brushing you off. Does anyone else handle payroll, or is it just him? You should ask for a final paystub.
@Tavi
It does feel like he doesn’t know what he’s talking about or is ignoring me (maybe both). There’s no payroll person, just him. Is a final paystub different from my last paycheck?
Zan said:
@Tavi
It does feel like he doesn’t know what he’s talking about or is ignoring me (maybe both). There’s no payroll person, just him. Is a final paystub different from my last paycheck?
Yes, the final paystub will show your gross pay, taxes, and net pay for that paycheck. It’ll also show how much you earned in total this year, including federal and state withholdings, and social security and Medicare.
Did you fill out an I-9 when you started? Did they give you a W-4 to tell them how much to withhold from your pay? If not, run and find another job.
Soren said:
Did you fill out an I-9 when you started? Did they give you a W-4 to tell them how much to withhold from your pay? If not, run and find another job.
No, I didn’t do either. Thankfully, it’s my last week, but is there anything I can do to improve the situation for me? Thanks.
@Zan
If your boss doesn’t give you a W-2, you can file a Form 4852 based on what you think it should be. Do you know how much you were supposed to earn and how it compares to what you actually got? If you haven’t had any other benefits and your state doesn’t tax income, you can backtrack and figure out your federal tax withholding from there since FICA taxes (SS & Medicare) are fixed percentages of your gross pay.
I bet your boss isn’t paying taxes on your behalf! He probably sees you as an independent contractor, in which case you’d be responsible for paying your own taxes, including self-employment tax (Social Security + Medicare). Be ready to pay 14.1% on your net income for self-employment tax, and you might need to file an SS-8 form to clarify that your boss should have treated you as a W-2 employee. If the IRS agrees with you, you’ll get a refund for the self-employment tax, and your boss will face penalties for not paying it.
@Rin
Thanks for the heads-up. It’s obvious I’m not an independent contractor, so I hope things work out.
Rory said:
Here’s something that might help: https://www.irs.gov/pub/irs-pdf/p5251.pdf
Oh boy, thanks for sharing that.
Most states require a pay stub or statement with each paycheck. Ask him for one before you leave. If he refuses, you’ll know for sure that no taxes were withheld. By next year, you can check your social security withholding online at ssa.gov.
If you’re not getting paystubs, expect to get a 1099 instead of a W-2.
Where are you and your employer located?
Jalen said:
Where are you and your employer located?
I’m in Ohio.
After you follow the advice from others here (demanding the paystub, possibly filing a claim with the IRS), you might want to check out: https://exchange.nela.org/memberdirectory/findalawyer. Select Ohio from the menu, then contact a few of the members to ask for a free consultation. Make sure to only work with ones who think you have a solid case and are willing to represent you on a contingency basis. Good luck!