Advice Needed...Incorrect W-2

[Janitor Bob]

There is a certain employer in my town that has had issues in the past with incorrect W-2's so the following problem with my client is no surprise.....Client worked part-time at this restaurant until July 2008. Client earned $1,334.00. Each check was too small to have Fed tax withheld automatically, but via her W-4, she had additional $5.00 withheld every pay for Fed tax.

...BUT....her W-2 is blank (all boxes empty) and the earnings summary portion of the W-2 states the following:

Gross Pay: $1,334.00

Less Misc. Non Taxable Comp.: $1,334.00

WHAT?!

What is this employer pulling? I have the last check stub from the client....indicates $1,334.00 earned and $140.00 withheld in Fed Tax.

This employer refuses to provide a corrected W-2. Can I simply create a W-2C myself with corrected info? I have no way of knowing if any Ohio, Med, or FICA tax was withheld...W-2 is blank and last check stub only mentions Federal withholding amount.

This is important as increasing her taxable wages and tax withheld increases her EIC and refund.

[RitaB]

You have no authority to correct the W-2

Try Form 4852, or something like that, search for "Substitute" in your forms list. Sorry, I'm slammed.

The person getting this EIC did report tips, right? Sorry, again, but I am really tired of paying taxes knowing lots of other folks are not reporting income.

[TAXBILLY]

The correct procedure is to have the client call the IRS and give the EIN number and they will pursue it since this is a trust fund violation.

taxbilly

[JRS]

Similar situation a few years ago. Filled out form 4852. We figured what the W-2 should have been with FICA and all the rest and sent it in. Accepted by the IRS with no problem. Had the client call the IRS from my office and that started an investigation of the employer. End result, the employer was eventually arrested and tried in federal court for not paying employment taxes. "Tax Protester" who lost!

[Janitor Bob]

Similar situation a few years ago. Filled out form 4852. We figured what the W-2 should have been with FICA and all the rest and sent it in. Accepted by the IRS with no problem. Had the client call the IRS from my office and that started an investigation of the employer. End result, the employer was eventually arrested and tried in federal court for not paying employment taxes. "Tax Protester" who lost!

This is what I plan to do. I have mailed on last notice to the employer and will give them 30 days to supply corrected W-2. If they do not, I will file 4852 and let the IRS deal with the employer

and no, this employee did not earn tips...she was janitorial and maintenance only...no tip income.

[joelgilb]

This is what I plan to do. I have mailed on last notice to the employer and will give them 30 days to supply corrected W-2. If they do not, I will file 4852 and let the IRS deal with the employer

and no, this employee did not earn tips...she was janitorial and maintenance only...no tip income.

So now are you going to take over the clients job at the restaurant?

lol

[Janitor Bob]

So now are you going to take over the clients job at the restaurant?

lol

BITE ME

[RitaB]

BITE ME

You guys crack me up. "Janitor" Bob - ha, I get it.

"Bite me" even better.

Thanks! Boy I needed that!

[Catherine]

You guys crack me up. "Janitor" Bob - ha, I get it.

"Bite me" even better.

Thanks! Boy I needed that!

I am reminded of the scene from "Mulan" where Mushu the little dragon bites one of the companions so Mulan can get out of the pond without them seeing she is female. He uses a toothbrush and an entire tube of toothpaste, exclaiming, "That was VILE, VILE, I tell you!" as only Eddie Murphy can do.

:P