What should we do when the employer purposely puts lower amount on wages earned and taxes taken out.?

Question

My husbands employer gave him W2 on 02/05 and the whole thing was wrong.My husband told them his earned wages were
3 times the amount they put down.They said it's too late we already
filed and my husband told them he would not lie and he would not
file this W2 in this manner.My husband has copies of all the work
he did and the amount he was paid.He ran this copy of the log they
keep at work.So he knows for sure this is wrong.The company is run by middle eastern employers who always acted fairly.I'm not
really sure how the taxes have to be done for new businesses for
them.I think it's a little different for the first few years.But I'm sure
it has not changed for my husband.One man that works with my
husband is from Puerto Rico(he has lived here many years),asked
where his W2's were and one employer told him Puertoricans don't have to pay taxes.That is so wrong.My husband said he was
upset this man thought it was ok to say something like that.WHAT
TO DO??

Answer 1

I'm going through the same thing, but I have not recieved a answer back from my employer yet. I got this info from the IRS website.

I received an incorrect W-2 form. I can't get my former employer to issue a corrected W-2? What should I do?

If your attempts to have an incorrect Form W-2 (PDF) corrected by your employer are unsuccessful and it is after February 15th, contact the IRS at [phone]. An IRS representative can initiate a Form W-2 (PDF) complaint. Form 4598, Form W-2 or 1099 Not Received or Incorrect, will be sent to the employer and a copy will be sent to you along with Form 4852 (PDF), Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. The copy that the employer receives will advise him or her of the employer's responsibilities to provide a correct Form W-2 (PDF) and of the penalties for failure to do so. When you call the IRS or visit an IRS Taxpayer Assistance Center (TAC), please have the following information available:

Your employer's name and complete address, including zip code, employer identification number (if known - see prior year's Form W-2 (PDF) if you worked for the same employer), and telephone number,
Your name, address, including zip code, social security number, and telephone number; and
An estimate of the wages you earned, the federal income tax withheld, and the period you worked for that employer. The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible.

If you file your return and attach Form 4852 (PDF) to support the withholding amount claimed instead of a Form W-2 (PDF), your refund can be delayed while the information you gave us is verified.

If you receive a Form W-2 (PDF) after you file your return and it does not agree with the income or withheld tax you reported on your return, file an amended return on Form 1040X (PDF), Amended U.S. Individual Income Tax Return.

Answer 2

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 3

You need to speak to the IRS. It is not too late to correct and amend tax returns you have already filed. You have over a year to do that. If your husband knowlingly turned in a W2 that was incorrect, he can be held accountable. He needs to contact the IRS asap and have this straightened out.

Answer 4

Hopefully the taxes witheld and shown on W-2 in correct, but either way, claim the proper amount of income or there will be trouble, maybe putting a note attached to his return explaing the discrepancy would be a good idea.

Answer 5

Call your Dept of labor for your state and the IRS. Then have your husband look for a new job because I doubt he'll want to stay after that.

Answer 6

I would contact the IRS and explain everything that happened. And, unfortunately, we DO pay taxes in Puerto Rico

Answer 7

Report the employer to the IRS your husband should also look for another job.

Answer 8

Have him contact the labor board.....there's penalties for deliberately filing an erroneous W-2....that's why they have "void" and "correction" boxes on the top of all W-2's....so that you can fix a form that is in error with a new form altogether.

Answer 9

First, he will need look for another job and report them to IRS. However, if he decides to report them, be prepared to be investigated (including your past return). That what IRS does.

Answer 10

Report it to the IRS. There are many offices in every state. Log on to www.irs.gov to find the office closest to you. This is wrong.