< Back to IRS

Daniel Price

My employer pays me in cash and claims he pays my taxes - is this legal?

I've been working part-time at this small business for almost 10 years now. My boss always pays me in cash - $18 per hour - and tells me he's handling all my tax payments. I only work two 5-hour shifts weekly (10 hours total), and I don't get any benefits like sick time or holiday pay. I've never questioned this arrangement because he's always been flexible with my schedule, letting me take time off for family stuff and even work another job during summer. But looking at my hours for 2024, something seems off. With my schedule, I should work about 104 days per year. This year, I took off 22 days and 7 hours. When I calculated my actual hours worked, it came to 403 hours total. However, my W-2 shows I was paid for 450 hours, with a total income of $8100. My take-home pay for the year was only $6750. When I brought this up with my manager (who's the owner's son), he had to ask his father about it. The owner admitted he "took a guess" on my hours instead of tracking them accurately. When I called him directly, he said he couldn't change it now and asked what I wanted from him - I was so shocked I didn't know what to say! Part of me thinks I should be paid for those 47 phantom hours he reported but I never worked. Also, this inflated income affects my household tax situation since my spouse and I file jointly, and I have other jobs where everything is properly documented. Am I overreacting by being upset about this? What should I be asking for? Has anyone dealt with something similar? Any advice would be appreciated!

Olivia Evans

•

This is definitely concerning. Your employer is required by law to keep accurate records of your hours worked and wages paid. Paying "under the table" or misreporting your earnings to the IRS is illegal, even if they claim they're paying your taxes. What you're describing raises several red flags. First, you should be receiving regular pay stubs showing your gross wages, tax withholdings, and net pay - not just a W-2 at year-end. Second, reporting more hours than you actually worked is problematic because it misrepresents your income to the IRS. You have every right to be upset. Here's what I suggest: Request copies of all your tax withholding records for the past few years. You can also request a wage and income transcript from the IRS to verify what's been reported under your SSN. Compare this with your own records of hours worked and cash received. If there are discrepancies, you might want to consult with a tax professional about filing a Form 8949 to correct your income reporting. You should also consider filing a complaint with your state's department of labor regarding improper wage practices.

0 coins

Would the IRS penalize the employee in this situation? Seems unfair if OP gets in trouble when it's the boss doing shady stuff.

0 coins

Olivia Evans

•

The IRS generally recognizes when employees are victims of improper employer practices. If you can demonstrate you made good-faith efforts to comply with tax laws and report the situation, penalties can often be abated or reduced. The primary liability typically falls on the employer who failed to maintain proper records and potentially misreported information to the IRS. However, once you become aware of the issue, you do have an obligation to correct your tax filings if they contain substantial errors. This is why consulting with a tax professional is important - they can help navigate this situation while minimizing any potential negative consequences for you.

0 coins

Aiden Chen

•

I was in a similar situation last year with my landscaping job. The owner was "handling my taxes" but something felt off. I discovered taxr.ai (https://taxr.ai) which analyzes your tax documents and work situation to identify issues like misreported income. It flagged several problems with how my employer was classifying my work and helped me understand what documentation I needed. The tool basically compared what my boss reported with what should have been reported based on my actual work situation. It also showed me how to document everything properly going forward, which gave me leverage when I confronted my employer. They've got this feature that analyzes cash payments and helps calculate what your actual withholding should be.

0 coins

Zoey Bianchi

•

How exactly does this work? Does it talk to the IRS or something? I'm paid partially in tips and worried my boss isn't reporting everything correctly.

0 coins

Sounds interesting but I'm skeptical. What happens if it finds issues? Do they actually help you fix them or just tell you you're screwed?

0 coins

Aiden Chen

•

It doesn't directly communicate with the IRS - you upload your documents and it analyzes them using tax regulations. It's especially helpful for cash and tip income situations because it shows what proper reporting should look like compared to what you have. The platform actually provides specific steps for resolving issues it identifies. In my case, it created documentation I could present to my employer showing the correct classification and withholding amounts. It also generates correction forms if you need to file amendments with the IRS. They don't just identify problems and leave you hanging.

0 coins

Just wanted to update - I checked out taxr.ai after my skeptical comment. It actually identified that my employer had been misclassifying some of my income as "miscellaneous" instead of regular wages to reduce their tax burden. The analysis showed exactly what forms were filed incorrectly and gave me a checklist of what to request from my employer. When I showed this to my boss, he initially got defensive but couldn't argue with the documentation the tool had generated. We ended up correcting my employment records and I received a significant adjustment on my withholding. What surprised me most was how it flagged patterns in my payment history I hadn't noticed but were clearly problematic once pointed out.

0 coins

Your situation sounds frustrating! When I had a similar issue, I needed to talk to someone at the IRS but kept getting stuck in their phone system for HOURS. I finally used Claimyr (https://claimyr.com) and it was a game-changer. They got me connected to an actual IRS agent in about 15 minutes instead of the usual endless wait. Check out how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with explained that employers who pay in cash and "handle your taxes" often aren't withholding the correct amounts. They helped me understand what documentation I needed to gather and how to address the situation with my employer without creating unnecessary drama.

0 coins

Grace Johnson

•

Wait, how does this work? I thought it was impossible to get through to the IRS without waiting for eternity. Is this some kind of paid line-cutting service?

0 coins

Jayden Reed

•

Yeah right. Nothing gets you through to the IRS faster. I've tried everything and still end up on hold for 2+ hours only to get disconnected. If this actually worked, everyone would be using it.

0 coins

It's not a line-cutting service or paid priority line. Claimyr uses technology to navigate the IRS phone system and waits on hold for you. When they reach an agent, they call you and connect you directly. You don't have to sit through the hold music or worry about getting disconnected after waiting forever. The service works because most people give up after being on hold for a long time. I was skeptical too until I tried it. It's not some magic backdoor to the IRS - it's just automating the painful waiting process so you don't have to deal with it. They handle the waiting game while you go about your day, then call you when an actual human is on the line.

0 coins

Jayden Reed

•

I need to eat my words. After posting that skeptical reply, I was still desperate to reach the IRS about a notice I received, so I tried Claimyr anyway. I figured I had nothing to lose since I was planning to waste hours on hold regardless. It actually worked! I got a call back in about 20 minutes saying they had an IRS agent on the line. The agent helped me resolve my issue with some incorrect income reporting from a previous employer. I was able to get documentation on exactly what had been reported under my SSN and what I needed to do to correct it. I'm still shocked it worked so well after all the frustration I've had trying to reach them on my own. Definitely using this next time I have tax questions that only the IRS can answer.

0 coins

Nora Brooks

•

Your boss is committing tax fraud, plain and simple. I worked as a bookkeeper for years and this is a classic case of an employer trying to manipulate payroll taxes. Here's what's likely happening: 1. He's probably not paying the full employer portion of your FICA taxes 2. By inflating your hours, he's making it look like he's paying you more, which could help him with business expense deductions 3. The lack of pay stubs is a huge red flag - it's his way of hiding the actual numbers Document everything now. Write down all the days you worked, hours, and cash payments received. Save any text messages or emails about your schedule or pay. Request your wage and income transcripts from the IRS for the past three years. This isn't just about the 47 hours - this could have been happening your entire employment. You might have been getting shortchanged for years.

0 coins

Daniel Price

•

Thanks for the detailed explanation. This is getting me really worried now. If he's been doing this for the full 9 years I've worked there, could I be in trouble with the IRS too? I've always just reported what was on my W-2.

0 coins

Nora Brooks

•

You shouldn't face penalties if you've been reporting the income shown on your W-2s. The IRS generally recognizes that employees rely on these documents for their tax filing. The primary responsibility for accurate payroll reporting falls on the employer. However, now that you're aware of the issue, you should work with a tax professional to determine if amendments are needed for recent tax years. Most tax pros recommend focusing on the last three years, as that's typically how far back the IRS looks unless fraud is suspected. The good news is that if your reported income was higher than your actual income, you might be entitled to tax refunds for overpayment once the record is corrected.

0 coins

Eli Wang

•

Another red flag - the $18/hr you mentioned means 450 hours should be $8,100 gross, not $6,753. Even with taxes taken out, something doesn't add up. Either your hourly rate isn't what you think it is, or there's even more funny business happening with your pay. If I were you, I'd start looking for another job ASAP while gathering evidence. This employer has been taking advantage of you for YEARS. Small business or not, family-owned or not, this is unacceptable and illegal.

0 coins

Daniel Price

•

Wow, I didn't even catch that math error. You're right - the numbers are even more off than I realized. I thought I was just missing out on pay for those phantom 47 hours, but it sounds like there might be issues with my actual hourly rate calculation too.

0 coins

Eli Wang

•

Exactly. Based on the numbers you provided, if your gross pay on your W-2 is $6,753 for 450 hours, that's only about $15/hour - not the $18 you mentioned. And if your take-home is $5,642, that's about 16.5% being withheld, which seems low for combined federal, state, and FICA taxes. I suspect your boss might be pocketing some of what should be your wages while also potentially underpaying the employer portion of taxes. This is unfortunately common in cash-heavy small businesses. Document everything moving forward - dates, times, amounts paid - and consider reporting this to your state's department of labor and the IRS whistleblower program.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today