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The employer is absolutely obligated to do so. Not doing so is subject to harsh penalties and even being responsible for the employees taxes. It is something taken very, very seriously, and of course not only by the Feds, but State and even Unemployment, Workers Comp, and lots of interested parties at the State & Local level. Most all States, like the Feds, have a requirement that estimated taxes be made by everyone through the year...which is done by payroll withholding or by sending quarterly payments if self employed. Not doing so subjects the taxpayer to penalties and interest...and sometimes more.

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Q: Is the employer obligated to withhold state tax or is it up to the employee?
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Can they hold your check if you dont write a letter of resignation?

In the United States, an employer cannot legally withhold a departing employee's paycheck; in some states, the employer must pay the employee all of the wages due him on his last day. There may be a narrow exception in some jurisdictions for cases in which the company loaned or advanced money to the employee, and there is no way to recoup the loan except by a deduction from the final paycheck. But an employer cannot withhold a paycheck from an employee simply because he did not write a letter of resignation. If this happens, an employee should file a complaint with his state's Department of Labor. The employer may subject to fines. For specific information about your state, visit the Labor Law Talk forums and look for your state's discussion board.


Is employer pay federal tax for employee?

Wow...question makes no sense really. Pay is taxable, both by Feds and State, and most other places. Employer must withhold an estimate of the tax on that pay, and send it to the Government, into an account of YOURS. He doesn't pay the tax for you, it is coming from your pay.


Where does the employer get the information used to determine the amount of federal income tax to withhold from employees earnings?

From the IRS. They have instructions and pay charts telling employers what to withhold depending on how much the employee makes, how often they're paid, and what the employee entered on their Form W-4. There are also charts for certain types of work, such as agriculture. If you use this information to figure out if your employer is withholding the correct amount, don't forget to take into consideration any pretax benefits you have, such as a flexible spending account, which are subtracted before calculating tax. States also provide similar instructions or pay charts for employers to determine how much state tax to withhold. (See related link below for the IRS Pub 15 for employer instructions for withholding federal tax.)


Can an employer use W-4 to withhold taxes and give employee a 1099?

No. A 1099 is issued to self-employed contractors hired to do a job. If your employer issued you a 1099, they are telling your state's Dept of Employment and Dept of Revenue that you're an independent contractor (self-employed). This means they generally are not withholding any taxes from your pay, nor are they paying their share of payroll taxes or paying unemployment insurance for you. This puts you on the hook for all your own self-employment taxes (FICA & Medicare) which is shared between an employer and an employee. You'll want to check on independent contractor laws in your state to see if your appropriately classified and your employer is paying what they're supposed to pay.


How many copies of a W-2 form do employers send?

Three (3) copies usually are sent to each employee.Specifically, Form W-2 is Wage and Tax Statement. It is a six-part form. Copy B-To Be Filed With Employee's FEDERAL Tax Return is attached to the employee's return if the employee is filing a paper return. Copy C-For EMPLOYEE's RECORDS is for the employee to keep with other tax records for that year. Copy 2-To Be Filed With Employee's State, City, or Local Income Tax Return is attached to the employee's state or local return if the employee is filing a paper return.The remaining three copies of Form W-2 are distributed as follows. Copy A-For Social Security Administration is sent to the Social Security Administration by the employer. Copy D-For Employer is for the employer's records. Copy1-For State, City, or Local Tax Department is sent by the employer to the state or other tax department.

Related questions

Can an employer withhold money from your check for property damage?

This varies from state to state. In Maryland, an employer must make an agreement with the employee to have deductions placed on the paycheck.


Can they hold your check if you dont write a letter of resignation?

In the United States, an employer cannot legally withhold a departing employee's paycheck; in some states, the employer must pay the employee all of the wages due him on his last day. There may be a narrow exception in some jurisdictions for cases in which the company loaned or advanced money to the employee, and there is no way to recoup the loan except by a deduction from the final paycheck. But an employer cannot withhold a paycheck from an employee simply because he did not write a letter of resignation. If this happens, an employee should file a complaint with his state's Department of Labor. The employer may subject to fines. For specific information about your state, visit the Labor Law Talk forums and look for your state's discussion board.


How long must an employer pay unemployment benefits in Illlinois for a terminated eemployee?

The employer does not pay unemployment benefits. The employer pays unemployment insurance premiums to the State of lllinois. When the employee is terminated, the employee applies for unemployment benefits with the State of Illinois. The state determines if the employee is eligible for benefits and, if the employee is awarded benefits, those benefits are paid and monitored by the State of Illinois.


What information is a past employer allowed to give a prospective employer in the state of Missouri?

A past employer may give a prospective employer an overview of the employee's employment record. They can give their opinion about the employee's character.


Is employer pay federal tax for employee?

Wow...question makes no sense really. Pay is taxable, both by Feds and State, and most other places. Employer must withhold an estimate of the tax on that pay, and send it to the Government, into an account of YOURS. He doesn't pay the tax for you, it is coming from your pay.


How long does an employer have to pay you after firing you in Washington state?

Federal law states that an employer should pay a person after being fired in Washington state, on the next available payday. An employer cannot withhold payment for hours worked in any state.


Can your employer withhold your wages if you do not work your notice?

That will depend on the employment laws in your state. You should consult an attorney in your jurisdiction.


How long does an employer have to pay you after being fired in Washington state?

Federal law states that an employer should pay a person after being fired in Washington state, on the next available payday. An employer cannot withhold payment for hours worked in any state.


Does paying out unemployment insurance to a former employee increase the unemployment taxes for the employer?

The employer does not pay to the former employee. The employer pays unemployment taxes to the state he does business in, and the state, in turn, pays the benefits to the unemployed worker. If the employer has a large enough labor turn over, the state will raise his tax percentage payable accordingly.


Can an employer sue an employee in Texas?

Employers can sue employees in every state.


Can an employer withhold a check because you didn't report to work on payday?

No, an employer cannot withhold a paycheck because you didn't report to work on payday. Wages must be paid for the work that has been performed, regardless of the employee's attendance on payday. Any issues with attendance or misconduct should be handled through other appropriate workplace disciplinary procedures.


Where does the employer get the information used to determine the amount of federal income tax to withhold from employees earnings?

From the IRS. They have instructions and pay charts telling employers what to withhold depending on how much the employee makes, how often they're paid, and what the employee entered on their Form W-4. There are also charts for certain types of work, such as agriculture. If you use this information to figure out if your employer is withholding the correct amount, don't forget to take into consideration any pretax benefits you have, such as a flexible spending account, which are subtracted before calculating tax. States also provide similar instructions or pay charts for employers to determine how much state tax to withhold. (See related link below for the IRS Pub 15 for employer instructions for withholding federal tax.)