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susanne's avatar

My check and check stubs showed my employer was taking out witholdings but upon filing my taxes I found she never sent them in and now I have no job and am on ss, what can I do/?

Asked by susanne (4points) September 17th, 2009

All checks showed withholdings, now IRS says never paid in. I only get 300$ income from SS, what can I do?

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5 Answers

whatthefluther's avatar

Interesting question. Are they holding you responsible for your employers non-action? I would certainly hope not. They should go after the employer, I would think, but I do not know tax law. Good luck. See ya….Gary/wtf

Mamradpivo's avatar

Wow. Get yourself to your nearest free legal clinic immediately. You could also call local law schools, there might be a tax attorney in training who needs a project.

dpworkin's avatar

Report her immediately to the IRS, and share in the reward when they recover.

jca's avatar

this happened to me once. i filed this form and it has a space for the name of the employer, address, and then a box where you can explain. also, you can send in copies of your check stubs showing the withholding. i filed form, and got a refund from IRS. IRS will go after the employer and get the money from them, plus probably penalties and interest.

call the IRS, tell them what happened, and ask for the form you need to file to get your tax refund.

you are not the first person this happened to, also this question has been on fluther before. good luck!

srmorgan's avatar

You should have received a W-2 by January 31 of this year and a statement for whatever State you live in, if there is an income tax in your State.

Your employer is required to file form 941 quarterly and at the end of the year. This is a reconciliation of FICA and Medicare taxes deducted from your pay and paid to the Internal Revenue Service, along with the employer’s share of the payroll taxes.

The IRS imposes severe penalties on an employer who does not remit payroll taxes. In fact, many more employees other than a business owner or President can be held responsible for failure to remit payroll taxes. Anyone who has the ability to calculate, not just pay, the taxes could be sued by the IRS for the unpaid taxes. This includes anyone who can sign checks, even the payroll clerks, who are supposed to report any unpaid taxes that they are aware of.

You state that the employer did not remit taxes. Was this Federal AND State. On your W-2 there should be a Federal ID number, (2 digits, a dash, and 7 digits – such as 13–3440094 and a State ID which might be the same number). Call the number on your notice from the IRS and report the Federal ID number to see if your employer filed under a different number, sometimes there might be two corporate entities and the numbers get confused.

It is hard to believe that your employer could go an entire year plus two quarters in 2009 without attracting attention from the Feds or the State Department of Revenue or other local equivalent. Try the local office of your Department of Revenue.

Are your co-workers in the same situation? Check your W-2 to make sure that YOUR Social Security number is correct. That could be an explanation.

Are you still working for her? If so, what does she have to say about this?

Which State do you work in?

SRM

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