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Old 09-10-2013, 02:24 PM
Location: State of Being
35,885 posts, read 67,172,097 times
Reputation: 22373


You are required to pay taxes on earned income regardless of how you earned it.

There are penalties for not filing taxes and penalties for not declaring earned income.

You are getting ready to open a can of worms that could get quite complicated.

Just remember . . . once you take these steps, you are subjecting yourself to an audit. In addition, if you, as head of household, have not been filing taxes . . . you will be required to ante up, too.

If you have been getting any benefits whatsoever . . . i.e, foodstamps for your children, medicaid, etc . . . all this will be on the line, depending on your assets and how much money you prove your wife earned -- and add yours in with that, also, as determination for benefits includes all sources of income.

Your wife's former employer may get audited, and I have no idea what would happen in regard to what the IRS would require of that person . . . but it will surely lead to your having to pay taxes on undeclared income, plus penalties. The only satisfaction you will most likely get as far as your wife's former employer is knowing the IRS required $$ from her, as well. And that she had to hire a tax attorney to straighten her end of things out with the IRS.

The law is that you report all income . . . you could have kept copies of every check, used that for verification, along with the deposits to your bank account and then declared that as your wife's income on your tax return to the IRS.

Last edited by brokensky; 09-10-2013 at 02:34 PM..
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Old 09-10-2013, 02:33 PM
1,585 posts, read 1,425,525 times
Reputation: 4939
Originally Posted by mannyurrego View Post
thanks for responding, we allways want to pay taxes but the employeer never provided her with w7 or w2, she was working under the table before and after we get married... we want to pay the taxes but how this figure it will be resolved?
This doesn't matter just because one party broke the tax laws does not mean you get to ohh well not pay taxes.

In the end your wife as an illegal employ has no rights, take it as a lesson of why under the table employment is bad, move on, and find another job.

Or you could always take the lawyer route shell out a decent amount of money and attempt to fight for something that may never get resolved in a way you want it too.
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Old 09-10-2013, 03:03 PM
Location: Upstairs closet
4,981 posts, read 8,748,091 times
Reputation: 6451
I would just move on. Call it even-steven.
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Old 09-11-2013, 07:25 AM
820 posts, read 1,535,637 times
Reputation: 617
You are opening a can of worms you don't want to open. I would move on and chalk this up as a life's experience.
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Old 09-11-2013, 09:04 AM
7,672 posts, read 9,921,574 times
Reputation: 7953
I think you are trying to do two things here. Punish the family for laying off (It isn't firing) your wife and get some free money you always read about with unemployment compensation.

By collecting all the copies of checks you accepted and taking it to the Labor Board, lawyer or wherever, you are going to hurt yourself the most. There will be stiff penalties/fees and lots of questions to answer. Both from the IRS and the NC Department of Revenue. Not to mention any criminal proceedings for working illegally. You will NOT get any compensation and will have to pay and pay.

Leave it alone, find a legal job. If your wife finds another family to work for, you don't need a w4, w7 or 1099 to pay taxes. All you have to do is tell the person who does your taxes how much your wife earned in total for the year by adding up her checks, then pay the taxes. OR you can go to turbotax.com for free and enter the amounts yourself. I did this twice when I didn't get my W2 or 1099 in time for my taxes.

Also have your wife tell the new family that she will be paying taxes, they can give her a 1099 and protect themselves as well. But not having any W2, W7 or 1099 is NOT an excuse not to pay taxes. Your desire/wanting to pay taxes has zero sympathy from any officials.

Last edited by momtothree; 09-11-2013 at 09:38 AM.. Reason: Just saw Anifani's post, basically what she said!
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Old 09-11-2013, 10:47 AM
Location: Jersey City
398 posts, read 759,108 times
Reputation: 477
I think you're worked up because your wife is now out of job. How about she ask for recommendation and references, and get another job? Possibly the same duties with another family?

Think positively and don't try too hard to get one up over the folks you're upset about.
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Old 09-11-2013, 11:15 AM
Location: Charlotte NC
11,773 posts, read 9,382,506 times
Reputation: 5262
I know darn well the OP wasn't trying to pay taxes or he would have went through the steps early on... people lose jobs everyday. She was paid for a service and now the job is over.

Move on
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Old 09-11-2013, 02:52 PM
2,105 posts, read 3,586,898 times
Reputation: 2061
There is nothing you can do right now.
If you want your wife to work again as babysitter, she will need references. So last thing I would do, it is to start a "fight" with the former "employer" because they don't need her services anymore (no surprise that kids grow up and/or parents schedule changes).

I would be upfront with the next employer that your wife needs to be legally employed and get a W2 or a 1099, but keep in mind that now the rate might be lower - since employer might need to pay some taxes as well (although part might be deductible) plus your wife will need to pay taxes as well.
Then next time she gets laid off, in between jobs, she might qualify for unemployment.

Good luck!
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Old 09-11-2013, 03:30 PM
Location: in a house
3,574 posts, read 13,119,224 times
Reputation: 2341
Originally Posted by mannyurrego View Post
My wife was full time employee for 3 years as baby sitter/made on a house, she had never was provided on any insurance or earn vacation time, she was never provided with W2 so we can pay taxes. Recently (a week ago) she was told no need her anymore and the employer states may be she will need her for couple hours a week, (none sense).
My questions is this, did my wife has any rights meaning compansation? we need some guidance and help on this.
we live in SC but she worked in NC
Most people who speak English as a second language do a much better job than this.
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Old 09-11-2013, 07:29 PM
43 posts, read 102,856 times
Reputation: 91
Interesting, no complaints in the year's paid under the table but now when unemployment compensation is wanted it's a problem. I am sorry to hear of her news but in reality, you have no rights. She knowingly kept receiving payment under the table and not reporting the income. She is just as guilty. Best to move on and as another posted put it,,,not tell anyone else and count your blessings.
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