Can my employer force me to pay Income Tax? Can my employer be held responsible if I don't pay Income Tax?

Question

I'm not asking whether the Income tax is constitutional or not and I'm not looking to be bashed as 'un-American'. I just wanna know whether or not my employer and force an Income Tax deduction from my pay check; can they get into trouble if they don't?

Answer 1

Normally, the employer withholds income taxes from your pay based on the information you have provided him by means of your W-4.  Form W-4 does allow you to claim that you are exempt from tax under certain conditions.

However, if you fail to pay your tax, the IRS can force the employer to withhold income tax from your pay, in the amount determined by the IRS.  So in this case, the employer is forced by the IRS to make you pay taxes.  

The employer is not responsible for your income tax even if he errs in withholding the proper amount of tax.

Answer 2

no one can force you to do anything.  the question shold be can u land in jail if u don't pay tax?

Answer 3

For 2007 the penalty for frivolous return is $5.000. Also you will have to pay interest and penalty of the amount you owe. Frivolous or groundless is commonly understood to mean having no basis in law or fact.

Answer 4

If you'd like a straight answer, here are some of the relevant parts of the Internal Revenue Code:

http://www.law.cornell.edu/uscode/usc_se...

You MUST read the definitions of "wages", "employee" and "employer"! (hint: the use of the word "includes" means "includes only".)

(a) Wages

For purposes of this chapter, the term “wages” means all remuneration (other than fees paid to a public official) for services performed by an employee for his employer

(c) Employee

For purposes of this chapter, the term “employee” includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term “employee” also includes an officer of a corporation.

(d) Employer

For purposes of this chapter, the term “employer” means the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person

Best of luck!

Answer 5

You can fill out your W4 so that you have little or no tax withheld. This will put you in a situation where, if you were to file a tax return, you would owe all your taxes for the year. Do this a few times in a row, and you're looking at piling up penalties, too. And interest if you do not pay. Your employer cannot get in trouble - your W4 is how you ask them to withhold. There are some rules if you enter an inordinate amount of exemptions, they have to send the W4 to the IRS,  I believe (I do not do employment taxes, just income). The employer cannot 'force' the deduction. They can choose not to keep you hired if they believe you are committing a crime. But most employers don't give a rat's bum.

You should only take this stance if you are willing to go to jail for it. If you have been filing and suddenly stop, you can cause the IRS to look into your situation. If your employer pays by W2, and you don't file, you will get an IRS bill. Don't pay it, and a couple of years later you will find that your paychecks are drastically decreased due to garnishment, and you will no longer own the things you currently own. Like your home.

If you are unsure, go about sharing your beliefs differently. Support the Fair Tax, a tax system that would literally allow you to choose how much you pay based on what you decide to purchase. This idea is supported by several people in Congress. You could also support any of the grassroots organizations aimed at the elimination of the income tax.

I agree that the income tax is bad. I personally file as 'exempt' from tax on my W4, but that is because I legally qualify to do so. This, by the way, does not make you exempt from tax, only from withholdings, and does not address state income taxes. If I owe at the end of the year because I had nothing withheld, I still owe. I am a tax professional as well, so I keep good track of my income so that I am assured I will not owe, or be assesed a penalty.

You are not "un-American". IMHO, the income tax is un-American. But it is the law. The IRS has won every single time someone has tried the "unconstitutional" argument. The Supreme Court has taken that argument down more than once. Link to the IRS page on this is attached. This is from the "tax professional" part of the IRS website.

Good Luck, whatever you decide.

Blessings!

Answer 6

They can get in trouble for not reporting a known or suspected income tax evader.

Answer 7

The employer is required to withhold income from your pay unless, based on your pay rate and the information on your W-4, the amount to be withheld is $0.  It is never the employer's option.