any body know what to do about a employer that didnt pay my taxes to the irs after deducking them from my pay?

Answer 1

You will definitely need to take this up with the IRS as it is ultimately your responsibility to pay the taxes. Just be sure you have check stubs to prove they were deducted otherwise its you vs. the company, which never ends well for the worker.

PS: deDUCKing???

Answer 2

The first thing to do is to ask your employer about it. Its very possible that they are setting the money aside in an account, and they plan to send one lump sum at the end of the tax year. If this is the case, there's nothing to worry about, but you should demand that for record keeping purposes, you get a pay-stub every payday. If they have just been skipping the payments and they don't have the money set aside, then its time for you to start documenting everything. Even if they hand write a check, they should still give you a pay-stub that clearly shows how much you made, how much was deducted, and how much the net pay was. They could print this off the computer and then give you a handwritten check with it if they want, but you are still entitled to a copy of it. I would gather all the records that you do have, including any bank statements that show the paychecks you deposited and prove the amounts. Then talk to a lawyer. You may want to team up with the other employees and turn it into a class-action lawsuit so that everyone can sort this out as a group, rather than individual lawsuits. The IRS will come after you first if the taxes aren't paid. If you can prove that the taxes were deducted but the employer never sent them in, then the IRS will go after your employer. In the meantime, keep your eyes open for a new job. There's a good chance that this means the company is unhealthy. It means they don't have enough money in the bank, and they aren't very organized with their accounting practices. Plus, a lawsuit or an IRS investigation could force the company out of business altogether. No matter how you look at it, you need to be prepared for the possibility of losing your job.

Answer 3

This isn't your responsibility. You need only show that the amounts were deducted. In fact, you actually have no responsibility to report your employer, either. Do it only if you want to. The matter is between the IRS and them.

You can use your pay stubs as proof of payment and deductions (keep every stinking one of them, especially the last one for the year with all the year-to-date info). The IRS also has access to all the state employment forms your employer is required to file that show the amounts and hours you worked and were paid, including state unemployment and worker's compensation.

You can file your taxes with your W-2 or your last pay stub.

In the mean time, you may want to consider looking for another job in secret. When the IRS finds that the employer didn't send in the money deducted, they will begin an action called a "levy". That's when they call your employer's bank and freeze their account, asking the bank to send in what the employer didn't pay.

I've seen this happen. Checks start bouncing, and some of them may be your paychecks.

Answer 4

If you are an employee and have received pay stubs showing that taxes have been paid, then your W2 should show exactly those taxes paid. If there is a discrepancy, request a corrected W2 from the employer. Do this in writing, stating how much tax was withheld according to the pay stubs.

If your employer fails to produce a correct W2 by February 15, call the IRS with the following information:

Your name, address, phone number
Your SSN
Your dates of employment
Your employer's name, address and phone number

They will take it from there. They may advise you to file anyway, using your pay stubs and a substitute W2 which you can do yourself using Form 4852.

If you suspect your employer is not paying the income taxes, you can bet it is even more likely that he is not paying Social Security and Medicare. So you need to request a statement of earnings from your Social Security office. Call them and they will send you the necessary forms. When you get it, be sure to check that the proper earnings and social security taxes have been posted to your social security account. If the statement is not correct, contact Social Security.

You have to deal with the IRS and Social Security separately, they do not coordinate efforts on this issue.

An employer who fails to file correct and timely tax returns for employee withholding is subject to penalties and interest. An employer who fails to pay Social Security and Medicare taxes is subject to severe fines which can equal the amount of tax owed.

Answer 5

If your employer withheld taxes from your pay, that money became the government's money. If he didn't pay it over, he stole from the government, not you. You'll generally be credited with all the amounts withheld whether he paid it over or not.

You'll need to file Form 4852, 'Substitute W2.' If you have a pay stub showing all the amounts, filling out the form should be pretty easy. They'll ask you what steps you took to acquire a W2, and ask you how you came up with the figures you use. The IRS will use the Form 4852, and will check with the figures filed by your employer. Attach a copy of the pay stub.

Here's the fed page for tax fraud: http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

Answer 6

Nothing, because the IRS will go after them for nonpayment. Make sure you receive a w-2 that coincides with the wages & taxes that were removed. If you do receive the correct amount then file yours taxes as you usually do, because the IRS will handle the rest. Believe me, when anyone tells you it is not the money you owe, but the penalties & interest that will "eat you alive" they are not joking. That is why they are so steep, but the IRS will handle the nonpayment issue with your emlployer.

Answer 7

Photo copy any pay stubs that you may have and bring them to a tax preparer.
They may assist you in filling out a 4852 form and preparing a letter to explain your situation to the IRS and your state, if applicable.

Remember that your employer has until January 31 to postmark W2.

In general, employers/payers must provide employees with Form W-2 (PDF), Wage and Tax Statement; Form 1099-R (PDF), Distributions From Pensions, Annuities, Retirements or Profit-Sharing Plans, IRA's, Insurance Contracts; Form 1099-INT (PDF), Interest Income, or Form 1099-MISC (PDF), Miscellaneous Income, by January 31 of the current year. Employers/payers have the option of making the information available on a website. However, if you leave your employer before the end of the calendar year, and request your Form W-2 (PDF) or Form 1099-R (PDF) at that time, your employer must provide your form within 30 days of your request. If you do not receive Form W–2 or Form 1099–R, you still must file your return on time.

Therefore, after January 31 of the current year, if you have not received Form W–2 or Form 1099–R, or received an incorrect form or information, contact your employer/payer. You may not have received your form because of an incorrect or incomplete address. Be sure to verify the address used if already mailed. If the form was returned to your employer/payer because of an incorrect address, or never mailed, and the employer/payer intends to issue or re-mail, allow a reasonable amount of time for this action to occur before calling the IRS for help.

If you have not received your Form(s) W-2 by early February the IRS will help you obtain the missing forms. Call 1–800–829–1040. Be prepared to provide your name, address (including zip code), phone number, Social Security Number, and dates of employment and the name, address (including zip code), and phone number of the employer/payer.

The IRS will send the employer/payer a Form 4598, Form W-2, 1098 or 1099 Not Received, Incorrect, or Lost. You will receive a copy, along with Form 4852 (PDF), Substitute for Form W–2 or Form 1099–R, and a Form 1040X (PDF), Amended U.S. Individual Income Tax Return. If you do not receive the Form W-2 or Form 1099–R in sufficient time to file timely, you may file using Form 4852.

If you later receive a Form W-2 or Form 1099–R, after your return is filed using substitute information, and the information differs from the information reported on your return, you must file an amended return. For more information on amending your return, refer to Topic 308.

Answer 8

report them to the IRS for tax evasion and fraud.
tc

Answer 9

You have no choice but to report them. The government does not take lightly to this happening. Gather your paystubs and save them, check your state and local taxes also.

Answer 10

call the state labor board and irs and be able to support your claims.