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The Pros, Cons, And Legalities Of Paying Employees In Cash

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Posted: 2nd November 2021 by
Lawyer Monthly
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Pros 

  • Promotes honesty and transparency among employees
  • Reduces the likelihood of payroll taxes or other administrative fees such as benefits, and insurance premiums
  • Cash payments allow for flexibility in adjusting paychecks to suit each employee's needs without having to adjust your bookkeeping system
  • Less paperwork, no tax forms 
  • No employer contributions to retirement funds 
  • Avoiding potential lawsuits related to wage theft claims
  • Accurate accounting

Cons 

  • It can be difficult or impossible to track.
  • May require special reporting from employers if requested by law enforcement if more than $10000
  • Individuals who earn their income under the table and receive it in cash do not have any money withheld for taxes
  • Cash can get lost or stolen easily. If you lose your wallet, all of that money that was once yours could end up unaccounted for and gone forever

Legalities Of Paying In Cash

Paying employees in cash is legal, but you still need to record tax deductions to make your work easy. You can use a payslip or pay stub maker to prove an income. Ensure it does not go over $10000. You have reported the payment to your accountant, but they do not withhold any federal or state tax from your employee's salary/wages. There will be a large tax due at the end of the year, but this is an excellent way to avoid paying too many taxes throughout the year. However, there are legalities involved with paying employees in cash, and it is essential to know the laws surrounding this practice. Paying your employees in cash may seem simple, but it could have serious consequences if done incorrectly. It is always best to consult with an accountant or employment lawyer before taking action when faced with these questions. 

When To Consider Paying Employees In Cash

When you are just starting, cash might be your best option when it comes to managing expenses. It's also a good idea for businesses that hire contractors instead of full-time employees; this will allow the company to avoid paying Social Security and Medicare taxes, which can add up quickly. Suppose you choose to pay an employee in cash without withholding any federal taxes. In that case, it's your responsibility as a business owner/manager/supervisor to file IRS form W-11 with your accountant so he can report the cash payment to the IRS.

Does It Violate Any Laws To Pay Employees In Cash?

It is legal to pay employees in cash. However, employers may face some serious concerns when they transition from paying their staff with checks and direct deposits. Withholding taxes daily can be burdensome. While most payroll software systems allow you to do this, and it's an option, it's easier to withhold taxes weekly or monthly when using a payroll service. It could be difficult for you to prove that the cash payments were not embezzled by an employee who wrote checks against company funds without approval.

If an employee is injured or files for worker's comp, they may not be able to prove that they were paid in cash, which could mean you might have to pay their medical bills even if it was the result of negligence on their part.

In summary, it may be legal to pay employees in cash, but you should certainly weigh the pros and cons before making this decision. If possible, you can consult with an employment lawyer about paying in cash to consider your options.

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