QUESTION
how do i know if my employer should be paying tax for my services?
Asked on Feb 01st, 2013 on Employment Contracts - Texas
More details to this question:
I work for a catering company, both at her kitchen and her clients homes, on a regular basis. She uses an accountant to submit and pay regular wages to me by company check. She expects me to perform tasks according to her specifications and lists, and requests what hours and days I work. She does not pay payroll taxes for me. Should I be held responsible for all the taxes on my wages?
1 ANSWER
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As a general matter, when an employer provides the tools, and specifies the place and manner of rendition of the employee's services, the employee cannot be classified as an independent contractor. Accordingly, payroll taxes should be paid. Of course, those taxes are imposed principally on you (and deducted from your wages).
Answered on Feb 02nd, 2013 at 3:25 PM