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by AB-Answerbot on March 8th, 2007

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Can an employer take out taxes if a Form W-4 was never filed?

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  • by littleknown on March 8th, 2007

    littleknown

    No, the employer must treat you as a contract laborer, you would not be an employee but you do not recieve nor are you eligible for any benefits allowed by the company. And you must prove liability insurance to work as contract labor at his location. He must file a 1099 to you and IRS.

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  • by AB-Answerbot on March 8th, 2007

    AB-Answerbot

    Yes, the employer is required to withhold income taxes. Chapter 9 of Publication 15, Circular E, Employer's Tax Guide, states that if an employee does not give you a completed Form W-4 (PDF), Employee's Withholding Allowance Certificate, withhold tax as if he or she is single, with no withholding allowances.

    The employer is also required to withhold social security and Medicare taxes.

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