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Publication 915 Form: What You Should Know

Your Social Security benefits are taxable based on the year of payment. You must calculate: the amount to be withheld from the payment for the number of calendar months in the year the tax to be withheld, and the refund to be paid in order to avoid tax liability. You must also pay an estimated tax: for each calendar month for each month you wish to postpone your withholding for at least the current year.  If you have a reasonable ability to pay, and you're not eligible for the federal Earned Income Tax Credit (ETC), you can also calculate an estimated tax based on the number of months when you didn't have a tax refund. If you have to withhold an amount for taxes other than Social Security and Equivalent Railroad Retirement benefits, you can't ignore the law. For example, your employer has to withhold taxes from your Social Security benefits, your employer has to withhold tax from your unemployment benefits, and your employer has to withhold taxes when you file your federal tax return. So, your employer must: If your employer fails to do its tax reporting, as it may if its records are not accessible, the tax-servicing office may have to pay it taxes that it is legally obligated to pay. What you must do (if you get a tax bill) If you file the correct amount, your employer will send you a notice of estimated tax for the current tax year, which contains the information needed to satisfy your withholding requirements. If your state's tax officials do not do the right thing, as they are legally entitled to do, they can be sued and the judge could order them to correct their mistakes. You can also dispute the bill by paying the amount as specified on the notice (for example, the amount you would have paid if you knew you didn't owe anything) and getting a letter from the Taxpayer Advocate to support your claim. Note: If you're having trouble calculating withholding and tax withheld from your Social Security benefits, and you're not paying enough to avoid the tax bills, look for an IRS publication like Publication 905, Wage and Tax Guide for Nonresident Aliens. It can help you figure out what you should have withheld, and it can tell you whether an extra payment to your employer is appropriate.

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