can i sue my emp[oyer for not reporting my income to irs
You are not likely to recover anything in a civil court for that. Your best bet would be to file a claim for reward with the IRS and report your employer's activity through that channel. Make sure you are accurately reporting your income before you take that step.
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Taxpayers generally do not have the standing to sue other taxpayers on the basis that they are not reporting income to the IRS. However, each taxpayer has the obligation to make timely and accurate self-assessments as well as timely pay their taxes. If there is a mismatch between the income reported by an employer and the income reported by an employee, the IRS may select either or both taxpayers for examination in order to determine the true amount of tax owed by each party. If an individual does not receive a correct Form W-2 by February 15, call the IRS at (800) 829-1040. A representative can initiate a Form W-2 complaint with instructions to both the employer detailing penalties for non-compliance and instructions to the employee for Form 4852 if a corrected Form W-2 is not received in time for the employee's tax return filing.
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You are required to report your income regardless of whether your employer reports it to the IRS. I don't see what you would sue your employer for in this case. You sue for damages and if you have reported your income you have no damages. Your employer reports your income on an information return. There are penalties if this is not done properly. You could report your employer to the IRS and let them handle it.
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