My employer made me fill out a w-9 he pays me by the hour and with holds taxes from me this isn't legal is it either he needs to have me fill out a w2 or not with hold taxes am I correct about this?
Think of the W-9 as a vehicle between a pay provider or a vendor and an independent contractor. When a W-9 is involved, we typically do not use the terms "employer" or "employee". Rather we use the terms vendor and independent contractor. If you have filled out a W-9, then the person paying for labor sees the worker as an independent contractor, not an employee. In this case you get a 1099-MISC and not a Form W-2 at the end of the year. (People and companies that pay for labor often prefer to pay workers as independent contractors, instead of as employees, because the payor does not have to pay employment taxes or provide other benefits.) If you fail to fill out and provide a completed W-9 when one is requested of you, then the person paying for labor is required to hold back part of the pay to the independent contractor (mandatory back up withholding). However, if you have provided a signed W-9 back to the person paying you, then you are correct, the payor should not be withholding anything (unless you have more than one single status as a worker for this company?) If you have filled out and returned only a W-9 to the person who pays you, and know for sure you have not also filled out a W-4 (to be treated as an employee and later receive a W-2), and you can also produce paycheck stubs that show withholding for Social Security and Medicare, state taxes (FICA, MED, etc.), then you should raise this issue with your tax preparer and ask if you should consider filing a Form SS-8 when you complete your tax return. Better yet, print out and bring a Form SS-8 into work now, and ask to speak with someone in human resources, personnel, or the accounting office at the company about that Form SS-8. An SS-8 form should sufficiently scare the bejesus out of the company. If some foul play is at work here, the concern over a Form SS-8 will make people sit up and pay attention. If it is something else (like some of your work is as an employee and other more independent projects are paid out to contractors instead of employees,) then an SS-8 will still be effective... the person paying for labor will go out of their way to then be as clear as possible in explaining their actions. Two final thoughts: 1) Remember, it does not matter what they are doing or not doing, or whether it is legal or questionable. It only matters what you can demonstrate or prove. If you don't get real, live paychecks or at least a stub or advice of deposit that shows withholding, then it will be difficult for you to demonstrate what has or is happening. 2) Sit with a professional tax preparer this coming tax season - and just pay for the service. If you've never seen or filled out a Form SS-8 before, now is not the time to venture it on your own. I can probably figure out how to change the oil in my car by myself. I go to a mechanic for an oil change for a reason.