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Employer claimed I made too much! - Ask TaxGuru
 
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Old 02-05-2014, 05:09 AM
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Employer claimed I made too much!

I was a bartender working at a restaurant for the last several years. I quit, and started a new job Feb 01, 2013. The only days I worked for the restaurant in 2013 were Jan 01 - Jan 31. I just received my W2. The owners stated that my pay for those 30 days was $3843.50. This is absolutely absurd. I made nowhere near this amount. They are always committing shady business practices, and I cannot stand for this. This reduces my return by almost $500. I contacted them and they said that it is correct because the last 2 weeks of 2012 is included on 2013s W2. Even if this is true, that amount is still grossly inflated. What can I do??? Thank you, in advance, for your advice.



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Old 02-05-2014, 08:55 PM
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Originally Posted by waitingwaitress View Post


#1;I was a bartender working at a restaurant for the last several years. I quit, and started a new job Feb 01, 2013. The only days I worked for the restaurant in 2013 were Jan 01 - Jan 31. I just received my W2. The owners stated that my pay for those 30 days was $3843.50. This is absolutely absurd. I made nowhere near this amount. They are always committing shady business practices, and I cannot stand for this. This reduces my return by almost $500.



#2;I contacted them and they said that it is correct because the last 2 weeks of 2012 is included on 2013s W2. Even if this is true, that amount is still grossly inflated. What can I do??? Thank you, in advance, for your advice.
#1;please remember; tax refund is not free money. once you receive a large tax refund, you are giving the irs a tax-free loan.it is not positive;if you usually receive a large refund, it would be wise to look at your deductions you have marked on your W-4 with your ER. If you change your withholding allowances on W4 and have less deducted from each check you could either use that on other expenses throughout the year or save it and use it to buy something like you use your tax refund;on the contrary if yourv ER withholds less from your paychecks, and give you more in your paychecks, then you can be subject to tax liability on your return.what I mean is that your tax refund (tax liability)is a refund(liability) on taxes when the tax liability is less(more) than the taxes paid. you can often get a tax refund (lisiblity)on your income tax if the tax you owe is less(more) than the sum of the total amount of the withholding taxes , in your case,that you paid, plus the refundable tax credits that you claim. Tax refunds are money given back to you at the end of the financial year.



#2;regardless of the fact that the last 2 weeks of 2012 is included on your 2013s W2.as mentioned above, you need to check W4 that you filed with your ER. It tells the ER your tax filing status and the number of withholding allowances you want to apply to your federal withholding on your paychecks.



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Old 02-06-2014, 01:13 AM
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I think you are misunderstanding the situation. I am only going to receive $79 dollars on my return. The problem I am having is not in my withholdings. The problem is that my employer is claiming I made a large amount of money that I DID NOT MAKE AND WAS NOT PAID. Now I am paying taxes on that incorrect amount. I do not know how to correct this. They have done this in the past, claiming absurd amounts of tip money when servers never received it.



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Old 02-06-2014, 01:22 AM
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i can't see your post~~



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Old 02-06-2014, 03:29 AM
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Originally Posted by waitingwaitress View Post
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The problem I am having is not in my withholdings. The problem is that my employer is claiming I made a large amount of money that I DID NOT MAKE AND WAS NOT PAID. Now I am paying taxes on that incorrect amount. I do not know how to correct this. They have done this in the past, claiming absurd amounts of tip money when servers never received it.
I got you sorry for my misunderstanding;I guess your issue can be a legal issue; It is a violation of tax laws. if you explain the situation to the IRS and can submit documentary evidential proof that your ER overstated your income on w2, and will not correct the intentional error appears to be an indication of filing a fradulent information return as well as a negligent willful intentional disregard for the Internal Revenue Code. You can prove that if you kept accurate records of all of their payments, last paystubs/ current year paystub . If you didn't keep proper records, you're probably out of luck. You can ask for proof of all of the payments, copies of canceled checks, for example. If they refuse you'll probably need to consult with a tax attorney about getting a subpoena of their financial records. Since you'll have to pay all of the costs for that, you should weigh the potential benefit against the cost of pursuing the case. ORyou neeed to talk to the IRS, explain it just as you did here. they will listen to you and do some investigating on their own. The IRS also has a copy of your W2 sent to them from SSA. If you , on your return, report less than what they reported to the IRS, the IRS will tell you that your W2 is incorrect and will ask you to pay additional taxes. You can contact the IRS asap for advice. They / you can file a form for an incorrect W2, assuming you can show something disputing it. It's common to have incorrect earnings on the form .



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