His last employer will not send him W2. My friend moved and never received his last paycheck from the employer. Employer is known for not paying employees last paycheck or sending W2s. My friend call his last employer and employer said too bad and accused my friend of stealing. My friend said he never stole money or anything else. My friend called the police and they said there were no warrants for his arrest. Can anyone help? He married someone and she is now in prison. He is not yet divorced but has not been with her for a couple of years. How does this fit in with everything. My friend would like to do the right thing and finally get his life in order.
2007-02-23 01:36:04 · 7 answers · asked by rosejoseph 1 in Business & Finance ➔ Taxes ➔ United States
An Employer can legally hold your last pay-check for one month only.
After that he has to pay up.
Now he said he was holding it because things were stolen.
This is not a valid excuse, and is another mater entirely.
Get a lawyer, they love these easy cases.
They will get it back and then sum.
Another thing I don't like is, you said he's done this before.
Tell the lawyer everything, He'll make this sucker pay big time.
2007-02-23 02:00:32 · answer #1 · answered by psych0bug 5 · 0⤊ 0⤋
If he has a refund due, there are no penalties for late filing. However, he must file the return within 3 years of the filinig deadline to receive any refund due. The deadline for a 2003 refund claim is 4/17/07; after that it is lost forever.
If there is a balance due, he'll owe penalties and interest for late filing and late payment of tax. These will accrue from the filing deadline of the return until they're paid in full. If it's a significant amount, the IRS will work out a payment plan with him.
He should file a missing W2 complaint with the IRS. They will contact the employer and read them the facts of life. Normally that's all it takes for an employer to see the light. If the employer still refuses to supply a W2, the IRS will assist him in supplying alternative documentation although this will delay the processing of his return while the IRS attempts to verify the information.
On the missing paycheck, he should contact the state labor board. They'll sort that out for him. He'll get any back pay due with interest.
Since he is married, he must file as Married Filing Separately or Married Filing Jointly. A joint return with a prison inmate can be tricky, depending upon the prison's policies but he can get her signature on the return. Or she can give him power of attorney to file the return for her, either jointly or separately.
2007-02-23 09:45:49 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Your friend will have to get copies of his W-2's from the years he didn't file. Depending on how much he had withheld, and what other income if any he had, he might not owe anything and might even have refunds coming. If he has a refund coming, there wouldn't be any penalty for late filing for that year or years.
If he can't get his W-2's from his employer, he could call the IRS - they might be able to provide a transcript of them for him.
For the years when he was married, he'd have to either file a joint return, with her signature as well as his, or file as married filing separately.
2007-02-24 23:45:41 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
first of all, he needs to report the employer that wont give him a w-2 to the IRS. GO to IRS.gov and there is a place there that tells you what needs to be done.
As far as the last paycheck - not much can be done there, except maybe small claims court. Not worth getting a lawyer involved unless the check was for thousands of dollars 9 which I doubt).
As far as his wife, well he should still fil taxes of course. Hopfully he does not owe taxes and it will be okay. If he owes, then the IRS may impose penalties and fees, but its still better to face that than to wait until they come after him and it comes down to jail time.
step by step, take a breath and do it. It will be okay, just take one thing at a time.
good luck to your friend
2007-02-23 09:43:11 · answer #4 · answered by island3girl 6 · 0⤊ 1⤋
if a divorce was not even filed last year, then he has to file married filing separately. all employers are required by law to provide W2's to their employees. i don't know who he should call, but he should have a W2 by now. his employer is also required to pay him for his work! i know you can still file as far back as 2004 taxes for a RETURN and be OK. but if he owed money the last few years, i don't know how that works. hope this has been a little help.
2007-02-23 09:47:33 · answer #5 · answered by Emily H 5 · 0⤊ 2⤋
My friend! It sounds like you have made a lot of bad choices. First, the IRS. Just ignore the last few years. You can't escape! But, you can slip by the radar. You have a right to the W-2, but you will be waving a red flag to investigate further into your past. Fill out your own tax return. Do as good as possible with it. Just say lost w-2, and estimate how much you made last year. Dump the loser wife as quickly and legally as possible. She will drag you back down, and you can't save her.
2007-02-23 09:51:52 · answer #6 · answered by T C 6 · 0⤊ 1⤋
What the hell are you talking about?
2007-02-23 09:39:19 · answer #7 · answered by osu_fanz 4 · 0⤊ 3⤋