[quote author="Stryprod" date=1237442138][quote author="ipoplaya" date=1237441907][quote author="no_vaseline" date=1237439994]You should look for a new employer. Like now. People (that I know) have gone to jail for paying farmworkers (without documentation) the way you are being paid. You are not without responsiblity in this situation, and not in my eyes, but those of the IRS.
Jail sucks.</blockquote>
IRS wouldn't likely throw him in jail, just nail him for back income taxes, back self-employment or social security taxes, penalties, and of course interest, etc.
I'd be scared of an accounting or organizational change at a company that was paying me under the table... Some new guy in accounting and bang, you get slapped with a 1099 for an entire year's comp you thought was free-and-clear of the IRS. Happened to me actually. Fortunately it was only $5K worth of consulting work, but I felt it at tax time.</blockquote>
Is there a way I can avoid this by doing something on my own? My employer can't do a pay stub so what can I do... still no one has answered the question though
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You can claim the comp on your tax return regardless of how they elect to pay you. You'd be obligated for both sides of employment tax, 15%, if the employer isn't/wasn't paying it. The employer doesn't dictate what you file with the IRS. They just dictate whether or not they are employing you officially, i.e. paying via payroll and paying employer-side taxes, or unofficially via direct payment. If you are getting paid UT, it had better be in cash vs. company check. Too much paper trail there. I assume you aren't getting reported to the FTB by the company on a DE 542 (independent contractor reporting) because if you are, the FTB will get all nasty on you...