My previous employer withheld taxes without me filling out a W2. What should I do?

Question

I had started to work in NYC "under the table" for the first couple of weeks. Then my employer asked me for my s.s. # and how many exemptions I was claiming, then witheld taxes each pay period. I told her I needed to fill out a W2 with my signature, but she never provided one. I don't have any pay stubs because I received only checks without details of the witholding. What should I do? If she is not reporting it to the IRS, I want my money back. If she is, how can I receive a W2 if I never signed one? Do I need to file a complaint against her?

Answer 1

According to the IRS (Circular E), the employee must give the employer a W-4 to declare filing status and withholding. The employer "should" provide a W-4 to the employee. So I don't believe you have a complaint.

By January 31, your employer must give you a W-2 whether you signed a W-4 or not. It will show your taxable income and taxes withheld.

If you kept your pay records, you can check the W-2 to see that she isn't overstating your income, which is what I would be looking for, since she can deduct the pay from her expenses and has shown a willingness to evade paying taxes.

The amount of your paychecks should add up to the Box 1 amount on your W-2 minus your withholding for federal income tax, medicare, social security, and any state and local tax withheld, plus small amounts for unemployment tax. If it doesn't, ask for an explanation and a corrected W-2 if there is an error.

Next, I would get my Social Security Earnings statement when it is available in a few months and see that she has paid the Social Security taxes as shown on your W-2. If she hasn't call the Social Security Administration.

If you continue working for this person, keep copies of all checks you receive and keep very good records so that you can catch any errors. You can print out your own W-4 from the link below. Fill it out, sign it and hand it to your employer.

http://www.irs.gov/pub/irs-pdf/fw4.pdf

Answer 2

Your employer is required to withhold some taxes or they could get in trouble, and you could end up having to pay penalties too if you owe a bunch of taxes at the end of the year because of not withholding through each paycheck. You can specify how many exemptions on a W-4 and give it to your employer, but this just helps them estimate how much to withhold. I don't think you have to give them signed permission to withhold taxes.

They didn't do very well in explaining this to you. I'm sorry.

Any employer you have for any part of the year is required to mail you a W-2 by January 31 of the next year, which lists your total wages and federal/state tax withholdings. If you don't receive this by mid February, I would call them or make a personal visit to check on the status of your tax information. You should be able to call them now and ask how much they've withheld for the year.

Answer 3

I personally would file the correct amount that your husband made. If you have the proof that he made that amount, if the IRS audits you for it, you can prove it. Which in turn would make the IRS audit the employer and THEY would have to deal with the IRS on that issue. If you have the proof, be honest about it. Also keep your records safely stored away for a minimum of 10 years. Something similar happened to my grandmother about 9 years ago and the IRS audited her. She was able to provide everything they needed and filled out a few forms. After that things went smoothly for her and the company got slapped with a hefty fine. Also, I believe if you use Turbo Tax to file.. There is an option that you can select that states something like "I have my W2 from my employer, but I need to make a correction to it because some information is wrong"

Answer 4

The form that you (the employee) need to fill out is the W4.
It should be provided to you by the employer but you can do it yourself - download and print the form online at
http://www.irs.gov/pub/irs-pdf/fw4.pdf?portlet=3

The form you will receive from the employer reporting your wages and taxes withheld from your pay is the W2.

many people get these forms mixed.

Answer 5

First and foremost, so sorry that this has happened to you.

You may want to consider contacting someone in Payroll about this situation. If the person who asked for your SS# is from payroll then you should contact his or her direct Manager or Supervisor to explain the details.

Not sure you received checks without the withholding details. But this would have been proof for you to use to file a claim.

You also may want to contact the IRS to inquire what steps you need to follow to file a complaint.

Here's the link with ways to contact them:http://www.irs.gov/contact/index.html?portlet=1

Also contact your accountant too. It may be wise to get two opinions so you can weigh your options on how to proceed.

Hope this helps.

Best of luck!

God Bless.....

Answer 6

You don't sign a W2, your employer just gives you one.

Ask for it. If you are talking about the 2006 tax year, your employer has until 01/31/07 to provide it to you or mail to your last known address.

If your employer won't provide it by 01/31/07, then make a complaint.