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New Job not taking taxes out

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  • New Job not taking taxes out

    First, my apologies if there was a better thread in which to post. I searched, but couldn't find anything recent that dealt with exactly this situation.

    My wife just started working for her old boss on a temporary basis (he had to fire her replacement and needs someone for a few weeks until he can get someone else). I'll tell the full story below for any who are interested, but my wife's original employment there ended amicably. Since she is now without a job, and her old job is just down the street from where I still work, she agreed.

    Long story short, the fact that we have moved and are now living in a different state seems to have confused the people who prepare their paychecks, so they are not taking out any tax at all.

    My questions, then are these:
    1) Should we be doing something about this? Is this even legal? And if so, what should we do? We really need the income this is bringing in, so we would rather not rock the boat if it might cause major problems.

    2) We have not paid quarterly taxes so far this year because all other jobs have been taking out taxes as usual. Do we now start paying quarterly, starting with the October due date?

    3) We were planning to file jointly, but should be file separately due to this?

    4) And finally, about how much of each check (percentage-wise) should we be putting aside for taxes? (Sorry for the newbie questions, finances have always been something of a mystery to me.)

    Any insight/help/white light is appreciated.

  • #2
    The amount to set aside depends on what you make (I would advice to set aside around 25%, but depending on your tax bracket even this may not be enough.

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    • #3
      In all likelihood your wife is probably considered a contractor now. If this is the case, it is normal to have no taxes taken out. You will probably get a Form 1099 at the end of the year that will have to be claimed on your taxes. You will unfortunately have to pay self-employment taxes in addition to income taxes.

      Whether or not you will have to pay quarterly estimated taxes depends on how much the 2 of you are getting withheld from your regular W-2 earnings. If not enough is getting withheld, you'll need to pay taxes on a quarterly basis.

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      • #4
        2 - I'd pay quarterly taxes going forward.

        3 - Filing separate will make no difference (& is usually more complicated).

        4 - I'd set aside what used to be taken our of her check, plus an extra 8% (she will have to pay self-employment taxes). 8% - just rounding up.

        #1 is tricky. The state of California (where I work and practice as a CPA) is very stringent on wage laws and in this case I would say yes, illegal. It is very difficult to switch from an employee basis to a subcontractor basis. (Rarely allowed - California has a checklist a mile long of what constitutes a subcontractor vs. employee).

        IT sounds like they are just treating her as a subcontractor.

        That being said, California is crazy and all I know, I am not sure about the Federal level or other states. I just know we tell our clients they pay anyone that has ever worked for them, for anything, pay it as a paycheck.

        Your wife's employer is not following this rule, but I am not sure there is much you can do. I would have her ask them about it. I Would like to know why they are paying her as a contractor and not as as employee.

        Other than that, I am not sure there is much you can do. IF you are happy for the paycheck and don't want to make waves, and it's temporary, then I think I'd suck it up. But I would still ask. Curious what their reasoning is.

        In your state it may be very reasonable.

        (Also, if you switched states, they may be clueless on how to do the payroll and this could be a shortcut. Just another thought).

        Any recourse you have, probably not worth the expense or effort.

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        • #5
          When you're self employed, you have to pay:
          • Federal income tax (10%-35%)
          • Federal self employment tax (~15%)
          • State/county taxes (5%-15% depending on location)


          There could be a big difference in the Federal income tax percentage depending on how you file the annual return. If you file jointly, her wages may be taxed at a higher amount that if you file separately. Here's why...

          If she works part time and earns $8,000 total for the year, filing separately she'll be in the lowest tax bracket and pay only 10% federal income tax. If you live in a low-tax State, that means she'll pay about 30% in taxes, netting you $5,600 for the year for her work.

          If you make $60,000 a year and file jointly along with her, you will both be taxed in the same bracket (e.g. 25%). That means her income is now taxed 45% total (15% more) than if it were separate, netting you only $4,400 ($1,200 less) for her work. The more money you make together, the more her wages will be taxed when filing jointly.

          You should talk to a tax professional to figure out what would be the most beneficial, but you don't have to worry about that really until year end.

          If you think you will owe more than $1,000 in Federal taxes for the year, you should pay estimated amounts quarterly. If you fail to do so you may be penalized.

          Disclaimer: I am not a tax professional. I was paid as a consultant with no withholding for years, but always filed separately.

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          • #6
            You will need to file quarterly's until this is resolved. Here is the IRS site that you can download or print off forms. You will only need the 2008 1040 payment vouchers. You will need to find the exact quarters you need. Fill them out and send in an estimate.


            Forms and Instructions

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            • #7
              Whew! Thanks, for all the input. And sorry it's taken so long for me to post again. Between moving and recently becoming pregnant (everything seems to happen all at once, doesn't it?) I've had no time to worry about this, and now September 15th is approaching rapidly. I must admit, this whole thing feels a bit beyond me. I suspect we'll look for an H&R Block or something similar.

              Anyway, thanks again. This could have been a nasty surprise!

              EDIT: Erm... my wife became pregnant, that is. In case you were wondering.

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