Henna Kapoor wrote:

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And here's a rather important lesson. Off the shelf tax
software is no substitute for knowing the tax law. Each
taxpayer is responsble for his own tax situation and getting
it right.

More than once I've seen a tax return done by a someone
which had errors which he assumed would be caught by the
software.

Cheer$,
Harlan Lunsford, EA n LA

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I was an employee - on a visa sponsored by the employer.
Also, I see similar other cases on the internet - but
somehow the discussions there did not suggest a generic
solution.

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IRS or the employer or social security administration

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Haven't got any response from IRS as yet

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Thanks for the response.

- quote -

Well I used tax software (Turbo Tax etc) to prepare my
taxes. None of them alerted me.

Also, I am a citizen of another country that has a social
security treaty with US. So I was not paying social security
as a student.

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Yes all other taxes were withheld.

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- quote -

Yes

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hennakapoor[at]hotmail.com (Henna Kapoor) writes:

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By whom? What kind of penalty?

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You should have been paying it through withholding, but you
weren't. Is the IRS now wanting you to pay it directly?

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At this point I don't see the good to come from hiring
someone. If you can fill in the blanks it will help.

Phil Marti
Topeka, KS

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- quote -

First of all, you did not realize this for 18 months? I find
that hard to believe. Were other taxes withheld? If so,
your employer has the ultimate responsibility to pay these
taxes for you. They may be considered income to you, but in
2003, not the past year.

If other taxes were not withheld, you should get back to us.

Helen, EA in PA
Member of The Tax Gang
President, PA Society of Enrolled Agents
Campaigning for NAEA Board of Directors - Looking for YOUR vote

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- quote -

Has there been a tax return filed during this time (a 1040)?

Carol

What can one expect of a day that begins with getting out of bed.
Semper Gumby (Always Flexible)

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"Henna Kapoor" <hennakapoor[at]hotmail.com> wrote:

- quote -

If you were an employee and not an independent contractor,
your employer should have withheld FICA taxes from your
wages or salary. If you were an independent contractor, you
are liable for self-employment taxes. Whether you were an
employee or an independent contractor depends on facts and
circumstances, not on a decision by your employer or any
agreement between the two of you.

I suggest you visit with a tax professional to review your
situation. If you believe you were an employee and not an
independent contractor, you may file Form SS-8 with IRS for
a determination of your status as an employee or independent
contractor. Form SS-8 cannot be filed anonymously; you will
have to gice identifying information that will be shared
with your employer.

Good luck.

Joel Berry, CPA
Sugar Land, Texas

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for the past 1.5 yrs, my employer has not withheld social
security tax. I have been told now that I will incur penalty
on the unpaid tax.
Questions:
a) Isn't the employer liable for withholdng my tax? If that
is true, should I not be paying the social security tax
to the IRS through the employer?
b) How much penalities will I incur? Is that avoidable? Will
hiring a tax consultant help?

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