Employer withheld income tax but claims he didn't?

Question

I worked all of 2005 and 5 months of 2006 at a store, and I claimed single and zero, and taxes were withheld from every check. This is shown on my 2005 W-2, but on my 2006 W-2, it shows that no Federal Income tax was withheld. I had an issue with this employer refusing to provide earnings statements, even though I asked for one repeatedly, so I have no proof of wages, hours, withholdings, nothing. However, enough was held back from what my gross pay would have been each week that I know he was holding the taxes out.

This is a job where I had two bosses, neither ever consulted with the other about anything and then got mad when employees did what one said instead of the other, and I wound up getting fired by the SheBoss for doing what the HeBoss told me to do, so there is NO love between us. Without having any proof of earnings or withholdings, can I hang them out to dry with the IRS on this one, or am I pretty much screwed?

We were all paid by check (3-4 other employees). The paystubs had no info on them, they were just left blank. That's why I have no record of anything. I asked them to provide the info on the stubs and they claimed they didn't know how to make the computer do that when printing checks. They also refused to write it down for me.

It was 40-50 hours a week @$9 an hour, takehome was around $280-300 a week.

Answer 1

You'd better call the IRS and talk to them about this. Your lying, thieving bosses obviously are not going to be honest about this.

You could send them a letter asking for a corrected W-2, saying you'd like to get the corrections from them rather then having to go to the IRS over it. That might get their attention.

Without any proof, you might just be screwed on this one. But since you have the 2005 W-2 showing taxes taken out, you'd have a good argument with the IRS if your former employers can't come up with a W-4 that you signed telling them to take out less. And if you also have the paystubs, even if they're blank for detail, if they quit taking out income taxes, your net pay should have gone up - if it didn't, they'll have some explaining to do.

Good luck.

Answer 2

this is one of those times you are glad of government agencies. Contact IRS, that should start the ball rolling relative to W2 and payroll witholding. Send them a copy of 2005 W2, and 2006 W2. The discrepancy is prima facie evidence of their culpability. But don't stop there, contact OSHA so it could investigate overtime and underpayment issues that maybe due you, and possibly other employees too. If you are on a fixed hourly rate with 5 days a week arrangement OSHA could validate all that. If Social Security, FUTA were not accounted for, then report that too. Also contact your appropriate State government agencies. Don't forget to write a complaint to your Congressman, Senator, and the Comptroller offices. If you do all of that, I guarantee, your employer would be sweating bullets.

Answer 3

You can only hang them out to dry if you have some sort of proof. Even ONE pay stub. Did you keep any? one? It will show which taxes were withheld. If any federal show withheld, then that's proof.

Just because you know "something" was withheld doesn't mean that federal tax was. Social security, medicare, and often local taxes are flat percentages, so the get pulled out no motter what.

But federal tax is withheld on a sliding scale. Even if you claimed single and zero, if your checks were small - you may not have earned enough to show a tax withholding on the twithholding table.

You need a pay stub.

Answer 4

did they pay you cash? or just write a check? because if they did..then there is record. I believe they must, by law, provide employees proof of payment of services and taxes.

dont settle for being screwed. you are going to have to do some research and fix this or at least prove that your previous employers are the ones at fault. You will end up paying taxes twice...for no reason.

Answer 5

If you don't have any check stubs as proof of withheld wages, file a complaint with the irs. Get'em audited. Every employers worst nightmare.

Answer 6

I'm a little confused by your question. You have check stubs, right? They show what was withheld. The last stub of the year shows the total amount withheld. You can use your last stub to file your taxes. If they are doing something illegal, the IRS will definitely hang them out to dry.

Answer 7

Contact the IRS at 1-800-829-1040 they will advise you on what you need to do.