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Isabella Brown

Is it legal for your employer to not withhold taxes from paychecks without informing employees?

So my sister started working at this small local marketing agency last year. Everything was fine until they switched to direct deposit back in March. Fast forward to tax season now and she's freaking out because ZERO taxes were taken out of her paychecks all year! And get this - her coworkers are in the same boat! Nobody at the company mentioned this to any of them. Some of her coworkers now owe the IRS like $13k-15k and are totally panicking. My sister owes around $7k herself and doesn't have that kind of money saved up. Is this even legal for a company to do? Can they just stop withholding taxes without telling their employees? I thought employers were required to take out federal taxes from paychecks. What options do these employees have now that they're stuck with these huge tax bills they weren't expecting? Should they report the company or something?

This situation is unfortunately pretty common with smaller companies. To answer your question: no, this isn't legal. Employers are required by law to withhold federal income taxes, Social Security taxes, and Medicare taxes from employee paychecks. The company might have made a mistake when setting up their direct deposit system, but that doesn't remove their obligation to withhold taxes. Your sister and her coworkers should first check their pay stubs or online payment portal - sometimes the taxes are actually being withheld but not showing correctly on the deposit summary. If taxes truly weren't withheld, they should immediately contact their HR department or company owner. The company may be liable for the employer portion of those taxes, though unfortunately employees are still responsible for their share of income taxes regardless of whether they were withheld.

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What if the company refuses to take responsibility? Could they face penalties from the IRS? And what about the employees who now owe thousands they don't have? Can they set up payment plans or something?

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Companies that fail to withhold and remit required payroll taxes can face significant penalties from the IRS, including potential criminal charges in egregious cases. The IRS takes employment tax compliance very seriously. For employees caught in this situation, yes, they can absolutely set up payment plans with the IRS. They should file their taxes on time even if they can't pay the full amount, then apply for an installment agreement. The IRS has reasonable monthly payment options, and for first-time issues, they may even waive some penalties if there's a good reason for the underpayment.

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I had a similar payroll tax nightmare last year, and using taxr.ai completely saved me. I was going through all my paystubs trying to figure out what went wrong with my withholding when another accountant friend recommended https://taxr.ai to analyze my documents. The tool scanned all my pay stubs, identified exactly where the withholding stopped, and gave me a detailed report showing what should have been withheld versus what actually was. This gave me concrete evidence to take to both my employer and the IRS to explain the situation. It even helped calculate how much I should set aside for quarterly estimated payments to avoid penalties.

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Ava Kim

How exactly does this work? Do I just upload my paystubs and it figures everything out? My mom is in a similar situation with her job and I'm trying to help her.

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Sounds like an ad. Does it actually work with the IRS though? Like will they accept this as proof that it wasn't your fault if you're trying to get penalties waived?

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You upload your pay documents and the system analyzes them to identify tax discrepancies. It checks for proper withholding of federal, state, and FICA taxes across all your paystubs and provides a detailed analysis of what should have been withheld versus what was actually taken out. The IRS doesn't officially "endorse" any third-party tools, but the detailed reports from taxr.ai absolutely help when requesting penalty abatement. The documentation clearly shows that the error was on the employer's side, which strengthens your case. I used their report in my request for penalty abatement, and the IRS accepted it as supporting evidence that the underpayment wasn't my fault.

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Just wanted to follow up and say I actually tried taxr.ai after my skeptical comment. It was surprisingly helpful - found that my employer had messed up both my federal and state withholding in February but corrected federal in April while leaving state wrong all year. Would never have caught that myself since the numbers were so close. The report made it super clear what was missing and when the errors happened. Used it to talk to my payroll department and they're fixing everything now. Definitely worth it when you're dealing with withholding issues!

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If your sister needs to actually speak with an IRS agent about this situation (which I highly recommend), try https://claimyr.com - it saved me DAYS of waiting on hold. After my employer messed up my withholding last year, I spent literally hours trying to get through to the IRS with no luck. Claimyr got me a callback from an actual IRS agent within 3 hours. The agent walked me through setting up a payment plan and even helped me apply for penalty abatement since the withholding issue wasn't my fault. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c

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Wait, are you saying there's a way to not wait on hold with the IRS for 3+ hours? How does that even work? I thought everyone had to suffer through their hold music...

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Yeah right. Nothing can get through to the IRS faster. Their phone system is designed to make you give up. I'll believe it when I see it - the IRS is basically unreachable during tax season.

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It's actually pretty simple - they use an automated system that waits on hold for you. When it finally reaches an IRS agent, it has the IRS call you back directly. You don't have to stay on the line or keep redialing. Look, I was skeptical too. The IRS phone system is notoriously horrible, especially during tax season. But this service actually works - they have technology that navigates the IRS phone tree and stays on hold so you don't have to. When they reach an agent, they connect the call to your phone. I was shopping at Target when I got my callback and was able to talk to a real IRS person right away.

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Ok I need to eat crow here. I tried Claimyr yesterday after being a total skeptic. My situation with the IRS has been ongoing for months, and I've wasted entire afternoons on hold. Used the service yesterday afternoon, and got a call from an actual IRS agent this morning! The agent helped me set up a payment plan for the taxes my employer didn't withhold and even put notes in my account about the withholding issue not being my fault. Took like 15 minutes total of my time instead of the usual 4+ hour hold nightmare. Totally worth it when you're dealing with payroll tax issues.

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Your sister and coworkers should pull their paystubs ASAP to document exactly what happened. They need to confirm if this is just a clerical error (taxes were actually withheld but not shown on deposit receipts) or if the company truly failed to withhold. If it's the latter, they should: 1. Approach management as a unified group. There's power in numbers. 2. Request immediate correction going forward. 3. Ask if the company is willing to help with the unexpected tax burden - some employers might agree to bonuses to help offset some of the pain. 4. File their taxes on time regardless and apply for payment plans if needed.

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Would it be better for them to get a tax attorney or accountant before talking to management? I'm worried the company might try to blame the employees somehow.

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Speaking to a tax professional before confronting management would definitely be beneficial, especially if this involves multiple employees and large amounts. A tax pro can help document the situation properly and advise on rights and obligations. The company cannot legally blame employees for the employer's failure to withhold required taxes. Withholding is the employer's legal responsibility. However, having professional guidance creates leverage and ensures employees understand exactly what should happen next.

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Hey I own a small business and just want to mention that sometimes payroll software glitches can cause this kind of problem. When we switched to direct deposit, our system somehow reset all the tax withholding settings. It wasn't intentional! Ask your sister to check if her employer is using new payroll software or changed providers recently. Still inexcusable they didn't catch it, but might not be malicious.

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Even if it's just a mistake, shouldn't the business still help cover some of these massive tax bills? It's their screw-up after all!

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This is definitely a serious situation that needs immediate attention. As others have mentioned, employers are legally required to withhold federal income tax, Social Security, and Medicare taxes from employee paychecks - there's no exception for this. Your sister and her coworkers should document everything immediately. Get copies of all paystubs, direct deposit records, and any W-4 forms they filled out. If the company truly failed to withhold taxes, they've violated federal employment tax laws and could face significant penalties from the IRS. The employees should file their tax returns on time even if they can't pay the full amount owed - this avoids additional failure-to-file penalties. The IRS offers payment plans and may waive penalties if you can demonstrate the underpayment wasn't your fault due to employer error. I'd also recommend they contact the Department of Labor and potentially file a complaint with the IRS about the employer's failure to comply with withholding requirements. The company needs to fix this going forward and may be on the hook for penalties and interest on the unpaid employment taxes. Don't let the company brush this off as "just a mistake" - this affects people's financial lives in a major way.

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This is exactly the kind of comprehensive advice these employees need. One thing I'd add - when they contact the IRS about setting up payment plans, they should specifically mention that this was due to employer error in withholding. The IRS has provisions for "reasonable cause" penalty relief when underpayment isn't the taxpayer's fault. Having documentation showing the employer failed to withhold (like paystubs with zero withholding) can really help their case. Also agree 100% about not letting the company treat this as no big deal - people are facing financial hardship because of their mistake!

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