My husband has an under the table job, and his boss is taking out TAXES? Is this right? I tell my husb its not

Question

but he overlooks it, and lets his boss get away with it. His boss has my husband working under his wife's name, so they're just getting extra money right? What should he do? Legally, is there a place to help with this? His boss has been deducting taxes out for 5 months now...?

Answer 1

Your husband's boss is committing fraud on many levels. Tax fraud, Social Security Fraud to name two. Your husband can also get in trouble. He should insist that his employer use his SS# and tax taxes out.

If something should happen to him while at work, I'll bet he's not covered under worker's comp. He will probably not get unemployment either.

Answer 2

Tax?  Yeah, the tax one pays to oneself for paying someone less than agreed.

Answer 3

There are agencies that can deal with this problem.  In most states you would start with the labor board.  You can have a number of other recourses depending on the circumstances.  However you may wish to think about the impact this will have on your husbands income.  First of all I get the sense that you and he are alright with the under the table part you just don't want the boss to have these extra benefits of the under the table arrangement.  If that is the case you might just suck it up and remember that being a crook requires you to deal with other crooks.

Answer 4

Question - is your husband an illegal alien?  Then this may be the proper thing to do - especially if he gets a W-2 at the end of the year showing the taxes that were withheld and the W-2 is in his name, but the social security number is the wifes.  I learned alot this past year...

If your husband is illegal, he still has to report his income to the IRS.  What some people do is report the income to the IRS under a false social security number.  They get a W2 in their name, but a wrong social security number.  Your husband then gets an ITIN and reports the income to the IRS on his 1040 using the ITIN number.  

This does not sound right, but it is how the IRS gets their tax money for those wages earned by illegal aliens.  They won't issue social security numbers, and want the taxes, so they issue the ITIN's and overlook the false social security number issue...

I cannot think of any other reason that there would be any advantage to have earnings reported under the wife's name - If your husband gets the money, why would the wife want to pay taxes on money she did not get?

Answer 5

if your husband takes his boss to court, then he will have to admit to fraud and tax evasion.

his boss pretty much knows that your husband has more to lose if this is brought to light.  your husband should just quite if he feels he in being wronged.

to go to an extreme case: say  a guy gets hired to kill someone and this "boss" tell him that he will get paid after the "job." the guy does the job, but then the boss wont pay.  can this guy go to the cops to complain that he was not paid for work completed?  

yeah, he will just get himself in trouble.

Answer 6

well nothing is legal.. cause it is all under the table.. so u cant bring legal matters into it..

goodluck.

Answer 7

Paying under the table, with or without taking out taxes, is illegal.

Answer 8

your not suppose to work under the table so no you cannot do anything. Under the table means cash so taxes, child support etc are not taken out. So yes he his taking the money for himself. If his boss paid him and your husband claimed the money on his taxes you could do something but thats not what under the table means. Which is why your husband is ignoring it he can't do anything.

Answer 9

Here's the problem, the owner is going to issue a W-2 to his wife and have her declare the income and pay the taxes/refund.

Your husband STILL has to report the income on his tax return and pay the taxes all over again, including the 15.3% SE tax.  If the boss is telling him he's making $20 an hour and only gives him $15, then he reports the $15 he actually got.

(Did you just ignore our previous advice to quit YESTERDAY???)

Answer 10

Is he taking taxes under your husband's social security number? If so, he will have to report the wages and 1099 your husband who will have to file taxes with the info.

If he is doing it under his wife's ss number, then she will have to report the income. He may be reporting it under her name so he can put her on for benefits such as insurance and worker's comp.

Need more info as to how your hubby gets paid- by check or cash, and what info is on the check or pay stub.

Answer 11

how do you know that his boss has your husband working under his wifes name unless all parties were involved. sounds like serious fraud to me and i would consider your husbands involvement before you contact anyone. if i am wrong then i apologize. if it is a truly legit job then he can contact wage and hour (you can get the number from your local state employment office).

Answer 12

There's so much illegal going on here, it's hard to know where to even start.  The boss is wrong on several counts.  If your husband isn't reporting the income on a tax return, he is also evading taxes (even if the boss is taking money out and calling it for tax).

Both of them can end up in some serious trouble for this.