FEDERAL AND STATE TAXES NOT WITHHELD

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FEDERAL AND STATE TAXES NOT WITHHELD

Hello,

I am 1 of 51 Inside Sales Representatives at my current job, and we currently receive monthly sales bonuses. On 1/31/18 it was discovered
that no Federal or State withholdings were taken from the bonus checks for 2017. Is my employer liable for paying the additional amount of tax that should have been withheld.

Asked on February 1, 2018 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, your employer is NOT liable for your withholding. Withholding is *your* tax payment, not your employers--it is, as the name implies, your own money "withheld" from your paycheck and sent directly to the government. You pay the same amount in income tax whether it is paid in 26 installments over the year, from withhelding from bi-weekly paychecks, or in one lump sum by you at tax time. Withhelding is a convenience, but it is not the payment of employer money for you--it is, as stated, simply your own money being sent to the government on your behalf. Since you do not owe any additional taxes due to the failure to withhold, just the same amount paid at a different time, you have suffered no loss and have no grounds to hold your employer liable for anything.


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