Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Gm I want to know if money stolen from and employer be added…

Customer Question
Gm I want to...

Gm I want to know if money stolen from and employer be added to a W2 and can I be ordered to pay restitution as well

Lawyer's Assistant: What province is this in? It matters because laws vary by location.

I am in texas dallas

Lawyer's Assistant: What steps have you taken so far?

Well they added to my w2 so i had to pay the irs back and i was ordered to pay the company the money as well, seems like double payment to me. if i have to pay it back should have never been added as earnings. company got tax credits for it. i understand its taxable should i have been given a 1099 instead.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am on probation. i can get the case dismissed if i can verify the company handled it wrong

Submitted: 27 days ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/27/2018
Lawyer: Loren, Attorney replied 27 days ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,338
Experience: 30 years experience representing clients.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Legal Question
Lawyer: Loren, Attorney replied 27 days ago

The tax code stipulates that all of an individual’s income and gains are includible in gross income, whether it was derived from legal or illegal means.

Though employers may wish to report the income on Form W-2 or Form 1099-MISC, the best option is to use Form 3949A. This is an Information Referral form for reporting potential violations of the Internal Revenue laws. The victimized organization can provide information about the embezzler such as name and address, social security number, alleged violation (i.e., unreported income), suspected amount of unreported income by year, and any additional comments.

It should not be reported on W2 or 1099 forms to the employee. These forms do not meet the required criteria. W-2s are submitted to report compensation from work performed, and Form 1099-MISC is intended to be used to report payments made to a “non-employee” for fees, commissions, prizes, and awards. Further, by issuing a Form 1099-MISC to a current or former employee who is also receiving a W-2 from the same organization can cause a conflict to occur at the governmental agency level that could result in a rejection of one or both of the form submissions.

Reporting on the wrong form is not grounds for the charges to be dismissed. It may just get the filings rejected.

Ask Your Own Legal Question
Customer reply replied 27 days ago
what are my options if the money was reported on a w2? That turns money into earnings correct and it is no longer stolen property correct?
Lawyer: Loren, Attorney replied 27 days ago
It is still stolen property, but it is misreported. It is also still income which is required to be reported.
Contact the IRS and file a complaint if your W-2 is obviously and significantly wrong and you suspect dishonesty or bad faith on the part of your employer. The IRS will investigate the matter directly with him. You can call the IRS toll-free at 1-***-***-****.
Ask Your Own Legal Question
Customer reply replied 27 days ago
Thanks so much on last question.. I understand it’s still stolen income and should have been reported differently.. so because they handled the reporting wrong is there a publication I can us to show how it should have been reported and if I was ordered to pay restitution on this money and it was mis reported is there something I can do?
Lawyer: Loren, Attorney replied 27 days ago

There are court cases holding restitution payments to be income to the victim and to be tax deductible to the payor.

The misreporting would not affect that or the obligation to repay.

However, it may make for an interesting defense, since the company has classified it as earnings and, therefore, an authorized payment for services.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Legal Question
Customer reply replied 27 days ago
I am not disputing the restitution part I get that .. but if the money was added to earnings reported on a w2 you are saying you are paying me for a service correct? How should I have reported to IRS for tax purposes?
Lawyer: Loren, Attorney replied 27 days ago

It could have been reported as informational by the employer and then the burden is on you to self report it.

Ask Your Own Legal Question
Lawyer: Loren, Attorney replied 27 days ago

Are you still online with me?

Ask Your Own Legal Question
Customer reply replied 27 days ago
I am
Lawyer: Loren, Attorney replied 27 days ago

Did you have further questions? Have I answered your question? Please let me know.

Ask Your Own Legal Question
Customer reply replied 27 days ago
I know it’s not grounds for dismissing the case but what would u advise I do cause to me I have paid the irs because company got tax breaks and they are asking me to pay restitution as well that’s double payment to me
Lawyer: Loren, Attorney replied 27 days ago

When you pay restitution you can take a tax deduction for the restitution payments in the year they are made. The employer will have to report the payments as income.

Ask Your Own Legal Question
Customer reply replied 27 days ago
What happens if they don’t or are they made? But it still doesn’t take away the fact they put it on my w2 and I had to pay over 8 thousand dollars to irs because it looked like I under reported the money how do I fix that
Customer reply replied 27 days ago
Sorry so many question I’m just convinced this was handled all wrong to begin with
Lawyer: Loren, Attorney replied 27 days ago

You can try filing an amended return, after paying restitution, for the year the taxes were assessed, but I do not think that will fly with the IRS, though.

You can not evade the taxes on the amount taken. It is still counted as income.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels and incurring further liability.

Ask Your Own Legal Question
Customer reply replied 27 days ago
I have to accept the company misreported income and pay restitution?
Lawyer: Loren, Attorney replied 27 days ago

Unfortunately, yes. It is reported as income, whether illegal or not.

Also, it is taxable, whether illegally gained or not.

Again, I am sorry to be the bearer of bad news.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Ask Your Own Legal Question
Lawyer: Loren, Attorney replied 25 days ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

Ask Your Own Legal Question
Was this answer helpful?
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,338
37,338 Satisfied Customers
Experience: 30 years experience representing clients.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I was reading about federal restitution and maximum wage
I was reading about federal restitution and maximum wage garnishment. Is there, or is there not, a statutory maximum that is collectable/garnishable from gross wages? Is it set at 25% of gross wages? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
Can you owe restitution if no money or merchandise was ever
Can you owe restitution if no money or merchandise was ever exchanged … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
How does someone have to pay restitution if the bonding
How long does someone have to pay restitution if the bonding company sold the account to a debt collector 20 years ago. I have been paying sine 1987. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
In nj if a persons on probation and overdoses on herion and
in nj if a persons on probation and overdoses on herion and someone calls 911 police and paramedic s come is it a violation of probation or are they [rotexted under the good samaritan law … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have been paying criminal restitution for 17 years, the
I have been paying criminal restitution for 17 years, the county wants to increase my payments and has threatened to garnish my wages, can they do that? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,187 satisfied customers
I have been served with a writ of restitution but can pay
I have been served with a writ of restitution but can pay the balance for the amount of rent I am behind on. Can I pay it? I responded to the eviction summons but never heard back and I just want to s… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,187 satisfied customers
I was awarded restitution for injuries my husband caused, I
I was awarded restitution for injuries my husband caused, I would like to know do I legally have to spend it all on medical bills or can I use part of it for things like getting a place to live … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,370 satisfied customers
My sister is on probation and her probation officer is
My sister is on probation and her probation officer is requesting her to write an essay about what financial responsibilities means to her. My sister has a disability in which she has a hard time read… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,370 satisfied customers
I had a restitution hearing a couple days ago and the D.A
I had a restitution hearing a couple days ago and the D.A made a big mistake by calling the wrong person into court to seek restitution from me. The lady she called in was a lady who who won a small c… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
How can I go about collecting restitution? The shows up as a
How can I go about collecting restitution? The perp shows up as a property owner in New Jersey and I'm in CA where the order was issued.… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
How can I go about collecting the restitution. The shows up
How can I go about collecting the restitution. The perp shows up as a property owner in New Jersey and I'm in CA where the order was issued… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,187 satisfied customers
Regarding a probate lawsuite. Regarding a probate law suite
Regarding a probate law suite can opposing counsel … read more
Lori
Lori
Juris Doctor
1,076 satisfied customers
I owe restitution in NC as a result of a felony conviction.
I owe restitution in NC as a result of a felony conviction. I am paying restitution monthly as required. May I open an IRA for my retirement? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I have some questions pertaining unpaid restitution with
I have some questions pertaining unpaid restitution with probational period ending soon. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Looking for an answer on a restitution collection, 10 years
Looking for an answer on a restitution collection, 10 years after release. … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I have a question about federal restitution and how they
Hello I have a question about federal restitution and how long they will seek it? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I've been paying fed restitution for 8 yrs on 1. Minn.
I've been paying fed restitution for 8 yrs on 1 JA: What state are you in? It matters because laws vary by location. Customer: Minn. JA: Has anything been filed or reported? Customer: Reported or file… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I am on probation and I have a 30K restitution to pay. I am
I am on probation and I have a 30K restitution to pay. I am struggling with the monthly payments. I am longer able to work in my career field because of my crime. I also have a perfect record with pro… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x