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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15606
Experience:  15years with H & R Block. Divisional leader, Instructor
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An employee received a W2 form in support their employers tax

Resolved Question:

An employee received a W2 form in support their employers tax payment but the employer never paid the individual their take home portion, the employer is ignoring their request, what should they do (besides bringing in an attorney)?
Submitted: 5 years ago.
Category: Tax
Expert:  Robin D. replied 5 years ago.

Robin D :

Hello and thank you for using Just Answer

Robin D :

Are you stating that the W2 has an amount as wages but the employee was not paid those wages?


 

Customer:

yes

Robin D :

If the employee did not receive wages but wages were reported on a W2 under their name, they will first need to report the fraud to the IRS.

Robin D :

Legal action could be taken to get the wages they are due but the W2 issued fraudulaently is reportable.

Customer:

That's what I thought and and avenue both would probably like to avoid based on their years of working together. Do they need to get it settled before April 15th as I suspect?

Robin D :

Yes, the employer should either issue a corrected W2 or pay the wgaes that are represented on the W2. Hopefully they made all the withholding deposits. That is worse (in the eyes of the IRS) than the other.

Robin D :

Fraud involving Trust Accounts (withholding) are serious and not taXXXXX XXXXXkely.

Customer:

I'm confident the IRS was paid, just not the employee. Thanks, XXXXX XXXXX I'll be the bad guy and force the issue.

Robin D :

Some one needs to, before it is too late.

Robin D :

Thanks againa an dyou can always come back even after you click ACCEPT

Customer:

Agreed, thanks again and have a great 2012

Robin D :

Sorry you can accept now

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