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What can I do if my Employer sent me a false W-2?
Anonymous3 views3 answers
I switched jobs in June. My former employer sent a W-2 to me that I thought was incorrect. When I got in contact with the company for copies of paystubs and other forms they were hesitant to give me any information. When they did send a payroll summary it was nothing like how I was paid. There was also a major tax issue, when I worked there I brought it to the payroll dept.'s attention and they assured me they were taking the correct amounts, only to find out they were only taking about one third of what they should have. What can I do with the IRS to resolve this issue? Also, what is the employer liable for in this situation?
Since your question involves tax issues, you would best be served to inquire of tax attorneys how to go about either amending or correcting your return to reflect the proper taxes. My guess is the employer may be required to make the proper withholding's or reimburse you for the extra taxes you may have to pay. There are state and federal tax implications for failure to report correctly. So talk to a tax attorney or your accountant for the proper advice.
First, the Labor Code requires the employer to provide you with more than a summary. You can make a demand to get all of your payroll records, all of the documents you signed, and as of January 1st your entire employment file must be copied and provided to you upon reasonable request.
Second, the issue you raise sounds like a failure to properly withhold money. The problem with that kind of issue is that even though it is very inconvenient for you, the conduct did not cause you legally recognizable damages. Essentially, you will owe the same amount in taxes.
You will probably have to come out of pocket more at this point, but you have had the benefit of your money being in your pocket longer than you would have if the employer had properly withheld.
Good luck to you.
You need them to issue a CORRECTED 1099. If you do not receive it in time for filing I suggest going on extension to see if the issues can be resolved. Your tax liability will be yours no matter what but the IRS could go after the employer if they did not withhold appropriately or pay their payroll taxes properly so you could alert the IRS about that . Your damages most likely would be any interest/penalties that you might accrue as a result of their mistakes/delay but you can minimize those and you have a responsibility to do so.
