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Dmitri Volkov

Realized my employer didn't withhold any federal taxes - what can I do?

I started a new job as a personal care assistant (PCA) last June and I'm freaking out because I just realized they haven't been withholding ANY federal taxes! When I first got hired, I specifically filled out my W-4 requesting $85-100 be withheld from each paycheck. I even called the IRS beforehand to estimate my tax bracket based on my projected annual income so I'd get it right. I checked a few paystubs recently and noticed they show $0 for federal withholding. What's worse is I contacted my workplace at least 4 times about this issue, and each time they assured me they'd fix my W-4. They never did! My W-2 now shows zero federal withholding for the entire year. The situation is complicated because I technically work for my client through the Department of Social Services (DSS), but I'm paid by a fiscal intermediary that handles the state payments. The intermediary keeps ignoring my calls now. I'm worried about owing a bunch in taxes for last year, but I'm even more concerned about 2025 if this continues. Is there a way I can pay the IRS directly if my employer won't fix this? Can I report them to someone? Who should I contact to resolve this mess?

This is unfortunately a common issue with fiscal intermediaries that handle payments for PCAs. First thing - don't panic! You have several options to address both the current tax situation and prevent this from happening again. For your current tax bill: Yes, you still owe the taxes even if they weren't withheld. However, if this creates a financial hardship, you can request a payment plan with the IRS when you file. The IRS offers reasonable monthly payment options, and the application process is straightforward. For future withholding: You can make estimated tax payments directly to the IRS using Form 1040-ES. This bypasses your employer completely. Make quarterly payments (April 15, June 15, September 15, and January 15) based on your expected income and tax rate. As for reporting the issue: Contact your state's Department of Labor, as employers are required to properly handle withholding requests. Also, reach out to the DSS program coordinator who oversees your case, as they can often intervene with the fiscal intermediary. Remember to keep documentation of all your W-4 submission attempts and communications with the intermediary - this will help if there are any questions about why you didn't have withholding.

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Thank you for the detailed response! For the payment plan with the IRS, is there a minimum amount I have to pay monthly? And for the quarterly payments, how do I calculate how much to send each time?

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The IRS determines minimum monthly payments based on your total tax debt, but they're generally quite reasonable. Most people can get approval for plans stretching 72 months. Use the Online Payment Agreement tool on IRS.gov to see your specific options once you know exactly what you owe. For quarterly payments, the simplest approach is to take your expected annual tax (based on last year's percentage of your income) and divide by 4. Make sure your total payments reach at least 90% of what you'll owe for the year, or 100% of last year's tax (110% if your income is over $150,000), to avoid underpayment penalties.

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I dealt with almost this exact situation when I was working as a home health aide! I found this amazing service called taxr.ai (https://taxr.ai) that saved me so much stress. After I uploaded my W-2 showing zero withholding, they analyzed my situation and helped me understand all my options. They showed me how to properly document that I had repeatedly requested withholding and still create a plan for dealing with the taxes I owed. The best part was they guided me through setting up those quarterly estimated payments so I wouldn't have the same problem again. They even created a custom withholding calculator based on my specific pay structure.

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How long did it take them to analyze everything? I'm in a similar boat with my agency not withholding properly despite me submitting multiple W-4 forms.

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Sounds interesting but how's it different from just using TurboTax or H&R Block? Those tax programs can handle this situation too, right?

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It only took about 24 hours for them to analyze everything and get back to me with a complete breakdown of my situation. They responded with step-by-step instructions tailored to my specific circumstances. Traditional tax software focuses on filing your return, but doesn't really help with the documentation process when your employer isn't following the rules. Taxr.ai specifically helped me document my repeated attempts to correct my withholding, create proper records for the IRS, and build a strategy to avoid penalties. They also set up reminder systems for my quarterly payments that were customized to my pay schedule.

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Just wanted to update after trying taxr.ai from the recommendation above. I was skeptical at first, but after dealing with my agency ignoring my withholding requests for months, I uploaded my documentation and got detailed advice within a day. They actually found a special form I could submit to the IRS documenting my withholding requests that my employer ignored, which helps avoid certain penalties! They also walked me through exactly how to calculate my quarterly payments based on my irregular PCA schedule. Definitely worth checking out if you're in this situation - wish I'd known about them months ago!

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Something else to consider - if you're still struggling to get any response from your employer or the fiscal intermediary, I highly recommend using Claimyr (https://claimyr.com) to get through to the IRS directly. I spent WEEKS trying to get someone on the phone at the IRS to help with my situation where my employer wasn't withholding taxes. The automated system kept disconnecting me after waiting an hour. With Claimyr, I got a callback from an actual IRS agent within a few hours! They have a demo video here: https://youtu.be/_kiP6q8DX5c The agent was able to set up my quarterly payments and explained exactly what documentation I needed to prove I had requested withholding. They also told me who to contact at the state level to report the intermediary. Honestly changed my whole perspective on dealing with the IRS.

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How does that even work? The IRS phone system is basically designed to keep you from talking to anyone. I honestly don't believe any service could actually get you through.

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Sounds like a scam to me. Nobody can magically get through to the IRS when their lines are jammed. I've tried calling at 7am when they open and still couldn't get through.

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It works because they use technology that monitors the IRS phone system and places your call at the optimal time, then holds your place in line. When an agent is about to be available, you get a call connecting you directly. No more waiting on hold or getting disconnected. I thought it might be a scam too! I'd been trying to reach the IRS for three weeks straight. But it worked exactly as advertised - I got a call back from an actual IRS agent who helped me set up my quarterly payments and explained exactly what documentation I needed to prove I'd requested withholding. They were able to note in my file that I had attempted to have taxes withheld multiple times.

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I have to admit I was completely wrong about Claimyr in my comment above. After continuing to struggle getting anyone at the IRS to help with my withholding issue, I decided to try it as a last resort. Within about 2 hours, I got a call connecting me to an actual IRS representative! The agent took time to understand my situation with the fiscal intermediary not withholding taxes and walked me through setting up estimated payments. They also documented in my file that I had attempted to get withholding set up multiple times. Even helped me calculate the right quarterly payment amounts based on my PCA work hours. Such a massive relief after months of stress and unanswered calls.

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Just a heads up - I work for a similar fiscal intermediary in a different state, and this is sadly a common issue. These intermediaries often have terrible systems for managing W-4s for hundreds or thousands of PCAs. Some actionable advice: 1) Submit a new W-4 with "ADDITIONAL withholding" of a specific dollar amount rather than changing your filing status or deductions. This is harder for them to mess up. 2) Send it certified mail or with delivery confirmation so you have proof they received it. 3) Contact your case manager at DSS directly - they often have more leverage with the fiscal intermediary than you do as an individual. 4) Keep copies of EVERYTHING - all communications, all W-4 submissions, all paystubs. Good luck! Been there and it's frustrating but fixable.

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Thanks for these practical tips! I just sent in a new W-4 with "ADDITIONAL withholding" specifically noted. Should I also follow up with a phone call or is the certified mail enough?

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Definitely follow up with a phone call about 5-7 business days after sending it. Ask specifically to speak with whoever processes payroll or W-4 forms. Get their name and make note of the date and time you called. This creates another record of your attempt to fix the issue. If they tell you it's been processed, request a confirmation email or letter stating that your new withholding amount will be reflected on your next paycheck. If they won't provide that, send your own email summarizing the call ("As we discussed on [date], my new W-4 with additional withholding of $X will be processed for my next pay period").

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You might want to look into whether you qualify as an independent contractor rather than an employee. Many PCAs are actually misclassified. If you're actually an independent contractor, you'd handle your own taxes through quarterly estimated payments anyway, and this might simplify things for you going forward. The IRS has a form called SS-8 that helps determine proper worker classification. Worth looking into since your intermediary is already failing at basic employer responsibilities!

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This is terrible advice! PCAs paid through state programs and fiscal intermediaries are almost always W-2 employees by law, not independent contractors. Filing an SS-8 could create huge problems with their employment status and benefits. The issue here is getting proper withholding, not changing classification.

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I'm dealing with a similar situation right now and wanted to share what I've learned from calling the IRS directly. When your employer fails to withhold taxes despite proper W-4 submission, you can actually request what's called a "lock-in letter" from the IRS. This is a formal notice that the IRS sends to your employer specifying exactly how much must be withheld from your paychecks. To get this, call the IRS at 1-800-829-1040 and ask for the "employee protection" department. You'll need to provide documentation that you submitted proper W-4 forms and that your employer ignored them. The IRS takes this pretty seriously since employers are legally required to follow valid withholding instructions. Also, since you're working through DSS as a PCA, you might have additional protections under your state's labor laws. Many states have specific regulations about how fiscal intermediaries must handle payroll for state-funded positions. I'd recommend contacting your state's Department of Labor wage and hour division - they often have more teeth than just complaining to DSS directly. Keep fighting this! You shouldn't have to bear the burden of your employer's failure to follow basic tax laws.

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