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Peter Griesch
Peter Griesch,
Category: Tax
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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Seeking some employers / employees tax help

Customer Question

Seeking some employers / employees tax help
Submitted: 1 year ago.
Category: Tax
Expert:  Peter Griesch replied 1 year ago.

How may I help you?

Customer: replied 1 year ago.
Thanks for replying .
We are a small company in VA and we normally have our employees on a payroll and their pay is processed by a third party "Payroll" company according to the federal and local laws and regulations.
We have had an employee on a "Probationary Trail Period" for 30 days and to be evaluated after 30 days. This employee worked for 3 weeks and r chives his weekly payments on business "in house checks" without deducting withhelding the taxes, social sec , and other deductions.
His evaluation is no match to the basic or minimum standards of the job and he left the job. on the employer's side we would like to know if we are required to pay and is there any way we can do that ?
Expert:  Peter Griesch replied 1 year ago.

If he was an employee, then, yes. You are required to pay to the federal gov and VA the appropriate employment taxes. If he was a contractor, then no, you are not required to pay tax.

If his position, had he stayed, would he have received a Form 1099, or a Form W-2? If the answer is Form W-2, then you are required to pay the tax.

Employment taxes are typically paid to the taxing authority on a quarterly basis, so you can determine what taxes were owed from his employment, and pay over to the Government.

Expert:  Peter Griesch replied 1 year ago.

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