Can an employer withhold money from personal checks to claim as taxes?

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Can an employer withhold money from personal checks to claim as taxes?

My employer sometimes cuts personal checks when he forgets to do payroll. When he does this, he “calculates” the amount of taxes that would have automatically been taken out on my behalf and cuts us personal checks less that amount. Is that legal? How do I know that the amount taken out will be reported to the IRS? Will I be subject to paying additional taxes when I report this income on my return?

Asked on June 10, 2012 under Employment Labor Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In the end, your employer is ultimately responsible to withhold the amount per deductions that the employee fills out on his or her W-2 form regardless if you are paid on a personal check or not.

At the beginning of the following year, your employer around January is required to provide you with a W-2 statement for tax purposes. Such statement should take into account all deductions withheld and payments made to you from company and personal checks of the employer. What the employer is presently doing is legal.


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