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Ex-employ didn't pay payroll taxes for me for two years.What should I do?

La Jolla, CA |

My former employer didn't pay social security and medicare taxes for me for two years in 2001 and 2002.I didn't realized the issue until this year I received a Social Security Statement which reduced my credits to 23 from 31 on last year's statement. After reviewing all my tax report documents, the SSA indicated that these two years'W2 the social security and medicare were blank which mean the employer didn't pay the taxes for me. I called the employer immediately to question the issue, but was told that they didn't have the records any more and the IRS could only go back 3 years about the issue. Is that true? As I know now, unpaid payroll taxes are big problem. I'd like to know 1Should I go to IRS to report the error?2 What the IRS is going to do to the error?3Can I get my lost credits?

Attorney Answers 1


  1. Although I am not a California lawyer, and do not know the name of California's appropriate agency, you should go to your local Department of Labor and ask about this. Also, the United States Department of Labor would have interest in this. At that point, having spoken to both of these Labor Departments, you a much better sense as to where to go from there. It has been a while since the payments were not made, so I would not delay in contacting the Labor Department immediately.

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