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Old 09-25-2015, 11:13 AM
 
472 posts, read 515,055 times
Reputation: 193

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My wife met with the owner of a business(25-30 people strong; turnover given by employer is 3-4 million). She liked the office but when she talked with the owner about the compensation he threw her a proposition which neither she nor I are sure if its even possible. So, in her line of work, she gets a % of what the business makes each day. The owner tells her that instead of giving her x% he shall offer her x+3% and then she give him back the 3%, which he than shall then pay on her behalf to the government. This isn't the general withholding (income tax + ss + medicare) we're talking about. I suspect he's talking about the payroll tax that an employer has to pay in addition to the withholding (which he does on the employee's wages). He didn't give her any exact name for the 'tax' and neither did he say if the 3% is cumulative or just made up of 1 element.

The owner says this is completely legal. I've my doubts. Have you come across anything like this in your work life?
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Old 09-25-2015, 11:19 AM
 
42,732 posts, read 29,884,155 times
Reputation: 14345
I'm trying to figure out what's the advantage for the employer?
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Old 09-25-2015, 11:24 AM
 
Location: broke leftist craphole Illizuela
10,326 posts, read 17,432,497 times
Reputation: 20337
I don't get it either. The business pays her an additional 3% so she gets taxed on that and she has to pay the owner back the full 3%. I don't see why the employer wouldn't just keep the money and pay directly.
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Old 09-25-2015, 11:27 AM
 
472 posts, read 515,055 times
Reputation: 193
Makes his overal #s look low thereby reducing his liability (depending on how he's structured the whole thing). If he's suggested this then it definitely means he's see's reducing his tax liability by this way.

What I don't understand is this even legal? He claims its legal and that he's doing it with other employees.

So, other than the witholding taxes (which anyway is the employee's tax) what other payroll taxes (and what %s) does an employer have to pay from his own funds.
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Old 09-25-2015, 11:54 AM
 
Location: NJ
299 posts, read 350,647 times
Reputation: 641
Sounds fishy. Check with your own tax consultant.
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Old 09-25-2015, 12:03 PM
 
12,108 posts, read 23,286,271 times
Reputation: 27246
Is that extra 3% going out as a loss/business expense?
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Old 09-25-2015, 12:16 PM
 
472 posts, read 515,055 times
Reputation: 193
Quote:
Originally Posted by joe from dayton View Post
Is that extra 3% going out as a loss/business expense?
Do you mean for him/my wife?
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Old 09-25-2015, 12:33 PM
 
Location: Fairfax, VA
3,826 posts, read 3,388,757 times
Reputation: 3694
Quote:
Originally Posted by ThisDamnLife View Post
My wife met with the owner of a business(25-30 people strong; turnover given by employer is 3-4 million). She liked the office but when she talked with the owner about the compensation he threw her a proposition which neither she nor I are sure if its even possible. So, in her line of work, she gets a % of what the business makes each day. The owner tells her that instead of giving her x% he shall offer her x+3% and then she give him back the 3%, which he than shall then pay on her behalf to the government. This isn't the general withholding (income tax + ss + medicare) we're talking about. I suspect he's talking about the payroll tax that an employer has to pay in addition to the withholding (which he does on the employee's wages). He didn't give her any exact name for the 'tax' and neither did he say if the 3% is cumulative or just made up of 1 element.

The owner says this is completely legal. I've my doubts. Have you come across anything like this in your work life?

Kick-backs of compensation are illegal.
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Old 09-25-2015, 12:36 PM
 
13,011 posts, read 13,050,479 times
Reputation: 21914
This makes no sense, and would effectively be an approx 1% reduction in earnings for your wife, as she would have to pay taxes on the 3%
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Old 09-25-2015, 01:16 PM
 
Location: Myrtle Creek, Oregon
15,293 posts, read 17,687,736 times
Reputation: 25236
Counter that he gives here x+6% and she gives him 3% back. This is a negotiation. Your wife already knows he wants to hire her, so now is the time to dicker for compensation.
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