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re: My company withholds state income taxes and I disagree. What can I do?
Posted on 10/2/14 at 4:35 pm to Htown Tiger
Posted on 10/2/14 at 4:35 pm to Htown Tiger
Ahh yes. So you are the only employee of the "company" (i.e. the corproate entity) that works in Texas.
If they classify you as a Texas employee, then they have to set up an account with the Texas Workforce Commission to pay unemployment tax on your wages. They also have to set adjustments on their payroll service to treat you differently than the other employees (especially if all the other corp people are in the same home office).
What you are dealing with, my friend, is a lazy arse HR department. I've seen it many times before. Normally, it's not a big deal, you just file taxes in the other state, and then you take a credit in your actual state. But you live in Texas, so the credit does you no good.
I'd take a look at the rules for working in the state where the corp HQ is. If you are spending some time there, my guess is you will have to pay some tax, based on a pro-rated salary for the number of days you are there. Then, you can get the rest back as a refund at the end of the year.
If they classify you as a Texas employee, then they have to set up an account with the Texas Workforce Commission to pay unemployment tax on your wages. They also have to set adjustments on their payroll service to treat you differently than the other employees (especially if all the other corp people are in the same home office).
What you are dealing with, my friend, is a lazy arse HR department. I've seen it many times before. Normally, it's not a big deal, you just file taxes in the other state, and then you take a credit in your actual state. But you live in Texas, so the credit does you no good.
I'd take a look at the rules for working in the state where the corp HQ is. If you are spending some time there, my guess is you will have to pay some tax, based on a pro-rated salary for the number of days you are there. Then, you can get the rest back as a refund at the end of the year.
Posted on 10/2/14 at 5:42 pm to LSUFanHouston
quote:
LSUFanHouston
Thanks, good stuff. I completely agree, it seems like the "easy way out."
Sure, I'm fine paying a prorated amount. Here's the problem though: to file a refund, you need a letter from your company stating that they withheld this amount in error. I just asked our tax guy if they would provide this and he said he cannot. He said this is the position they took for 2013. He stated they are re-evaluating this position for 2014, since it seems there are "more of me" out there, but for 2013 that's the position they took.
Is that even legal (assuming its incorrect)?
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