Legal Question in Tax Law in Indiana

Failure to Pay Indiana Withholding Tax from JET

I worked for a Canadian based company that did not pay Indiana the withholding tax. The amount was withheld from my check and indicated on the W2. This company went bankrupt. I received a notice from the Sheriff's department indicating that I had failed to pay $1,600. What is my recourse? The tax was withheld by this company every pay period. I am also afraid that the Federal tax portion may have not been paid.

Asked on 8/17/04, 10:41 am

1 Answer from Attorneys

John Cook Dunn & Cook

Re: Failure to Pay Indiana Withholding Tax from JET

You indicate that the sheriff has notified you that you still owe $1,600 in state taxes. Based on the facts presented, something does not gel here. Are you saying that the company failed to issue you a W-2 showing that state taxes were withheld even though you know that they were, or are you saying that the Dept of Revenue is not crediting you for the taxes withheld because they were not paid over by the company? These are totally different problems and would be resolved differently.

Before I can even begin to tell you where to start, I need more facts about your situation, such as what your W-2 shows; what evidence you have in support that the employer withheld the taxes but did not turn them over, what your paystubs indicate, etc.

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Answered on 8/17/04, 11:25 am

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