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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11576
Experience:  19+ Years of Legal Practice in the Employment law arena.
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I worked for an employer receiving a W2 I noticed that all

Customer Question

I worked for an employer receiving a W2 I noticed that all taxes were paid by me Is this legal?
Submitted: 10 months ago.
Category: Employment Law
Expert:  John replied 10 months ago.
Hi, thanks for submitting your question today. I believe I can assist you but need more information. Specifically, that are you referring to when you state "all taxes were paid by me". I take that to mean all payroll taxes were paid by you - i.e., you paid the entire fica futa - including the employer's share - which wold be approximately a 15.3% tax to you, is this correct?
Customer: replied 10 months ago.

My paystub states NJ family leave NJ WF/SWF NJ social security medicare nj disability nj unemployment and federal withholdings all paid by me

Expert:  AlexiaEsq. replied 10 months ago.

Hi, my name is XXXXX XXXXX X thank you for your inquiry. I have been practicing Employment law for 19+ years and look forward to assisting you.

I see that your prior professional has opted out. I will assist you. Can you clarify from your W2 the number on each box that carries ANY figure, the title of each box to which you refer, and the amount in such boxes?

 

Also please provide me your box #3 amount and your #5 amount. Thanks!

Customer: replied 10 months ago.
Ireceive a w2 my weekly paystub just say employee my w2 line 1 149571.20
line 2 34741.00
line 3 110100.00
line 4 4624.20
line 5 149571.20
line 6 2168.78
Customer: replied 10 months ago.
i did reply with what you asked for please check again
Expert:  AlexiaEsq. replied 10 months ago.
Hi again, and thank you for your response. I apologize for the delay, but after I responded yesterday with my questions for you, it appeared you'd left when I didn't hear back from you. So I had to get on with my day and check back this weekend. I am currently on a break from the Cancer Relay going on out here (fundraiser), checking in, and see you have responded. Thank you for that. And I will help you during this walking break...

OK, first, I describe below what the rules are... AND, I clear up below, for you, that you are not paying all of the taxes - your numbers withheld reflect that you only paid the employer share of the burden. That is what is showing up as paid by you. What does not show up on your W2 is what the employer had to pay towards your taxes. But I explain it below:


Ireceive a w2 my weekly paystub - wait, W2 OR weekly paystub, which are you looking at here?

just say employee my w2 line (OK, I

1 149571.20 OK, so this is your gross wages, for the year: $149,571

line 2 34741.00 OK, then this sounds like your Federal Income Tax that was withheld over the 12 months, $34,741 (So this is subtracted). This is your income tax on your income. Your employer is not required to pay any of this (only its own income tax).

line 3 110100.00 OK, this is the amount of your gross income that is taxed for social security taxes - anything over $110,100 is NOT taxed, because there is a cap on what we can be taxed for Social Security purposes. (This is not subtracted, just informational).

line 4 4624.20 This is the amount of your income that was withheld to pay SS taxes $4,624. This is subtracted. It is 4.2% of your income up to $110,100 (in 2012). Your employer paid another 6.2%, because in 2012, the tax was 10.4% (a break to employees of the additional 2% - normally you'd have paid 6.2% and your employer would pay the other 1/2 of that tax for you, the other 6.2%. But, in 2012, a tax break for employees was in effect, requiring that you only pay 4.2%. Had you been self employed, however, you'd have had to pay 10.4% in total, since there would have been no employer to foot the rest of the bill. But, to be clear, this looks right - you only paid your share. The other part that is the employer's obligation to pay for your, isn't shown on your W2 because you didn't pay it, you only paid your smaller part.

line 5 149571.20 This is your Medicae wages - i.e. the amount of your wages that is subject to Medicare tax. This is not subtracted. But note that unlike SS taxes, Medicare taxes on your entire income - your entire $149,571.

line 6 2168.78 This is the amount of tax that was withheld for the Medicare tax. This amount is withheld/subtracted. Both employer and employee pay 1.45%. As you can see, you DID pay 1.45%, right here. What you don't see is that the employer paid from its own pocket the other 1/2, the other 1.45%. It does'nt show up on your W2 because you didn't have to pay it. Were you self-employed, you'd have had to pay BOTH 1/2s, or 2.9% (double).

So, just to be clear, you paid, via withdrawal ALL that you were required to pay, (SS/Medicare) which was less than 1/2 of the total tax required to be paid for those programs. You did NOT pay any extra beyond your personal requirement. You did not pay any of your employer's portion.

Your employer then paid the other part, a bit MORE than 1/2 - the bigger burden on your particular employment. Note that next year, in 2013, you will be paying more - first, the cap on SS income taxable it going up to $113,700 from $110,100. Then, the tax break from 6.2 to 4.2 for employees is no longer - we will be paying 6.2%, as usual, next year. The employer will continue to pay that 6.2% (never having gotten that break employees got).


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Back to the Walk!

Sincerely,

Alexia Esq.

AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11576
Experience: 19+ Years of Legal Practice in the Employment law arena.
AlexiaEsq. and 2 other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
I see what your saying but I get paid biweekly and there is never anything stating what the employer has paid only what I the employee has paid
Expert:  AlexiaEsq. replied 10 months ago.
That is because the employer need not put on your pay stub what IT pays, only what YOU pay. Also, it has two responsibilities, reporting and paying, and the due dates for both are not consistent with the due dates to pay you your paycheck. Within reporting, it must report what it paid you and withheld from you, as well as what it owes for its own share. Within the paying scheme, it must pay payroll taxes on either a semi-weekly, monthly, or quarterly basis, depending on the level of income it generally earns.

HERE is a calendar of June, 2013 requirements, depending on which schedule your employer must adhere to. As you can see,the dates do not fall on the dates your paystubs are printed, necessarily or typically. But just as important, the employer is simply not required to inform you of to what extent and how it pays its responsibilities - only how it effects your gross pay, giving you a net pay that is less than the gross amount, so you can track where your money is going (and possibly get some back come tax return time).

I hope this clarifies! And I hope you are having a terrific weekend.

Sincerely,
Alexia Esq.

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