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My employer sent me a W2 with a gross income $8000 more than what I actually was paid. How do I pay the correct taxes?

Monrovia, CA |

My employer is shady and refuses to correct it. Do I need a lawyer?

Attorney Answers 4

Posted

I am not a tax attorney so please check the following with a tax attorney, another tax professional or the IRS. I provide the following response as practical information, not legal advice.

Try starting with a certified letter to the employer (keep two copies for yourself) informing it of the error and demanding it immediately provide you with a corrected W-2. Give the employer a date by which it must provide the corrected W-2. If it does not do so, file your taxes using the amount that should have been on the W-2, attach a letter of explanation (keep a copy for yourself) and attach one copy of the certified letter you sent the employer.

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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Bruce Givner

Bruce Givner

Posted

Marilynn is correct.

Posted

There is actually a formal W-2 correction complaint protocol with the IRS where the Service will actually investigate the matter with the employer after getting certain information from you.

For details, see: http://www.irs.gov/Help-&-Resources/Tools-&-FAQs/FAQs-for-Individuals/Frequently-Asked-Tax-Questions-&-Answers/IRS-Procedures/W-2---Additional,-Incorrect,-Lost,-Non-receipt,-Omitted/W-2---Additional,-Incorrect,-Lost,-Non-receipt,-Omitted-2

This information does not constitute legal advice and does not establish an attorney-client relationship.

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Bruce Givner

Bruce Givner

Posted

Joel is correct.

Posted

Attach the W2 to your return and include an explanation of the mistake.

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Posted

Put the amount you actually received on your return. Include the W-2 with a letter explaining your situation. Also state that you are willing to back it up with your bank statements if that is the case and keep those handy.

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