cant get w2's
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Postmaster
Joined: Apr 2003
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From: Harrisburg, NE
cant get w2's
hey guys i got a question about taxes. I worked for a company that built manure spreaders for the first half of the year, but towards the end they folded, but was reopened by other owners. I have been told that they are not going to send out w2's becaue they would have to go through three different places with them so we were just suppossed to use our last paycheck stub. but isn't it illegal for them to not send out w2's? and is it really possible to use my last paycheck stub?
FTE Legend
Joined: Jul 2005
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From: Millersville, MD
As it is a different firm, no. Contact the irs to be sure and ask them. www.irs.gov
I believe it's ok to use your pay stub information to declare. When new company re-opened, did they use the same name? If so, weird. I would check with irs.
I believe it's ok to use your pay stub information to declare. When new company re-opened, did they use the same name? If so, weird. I would check with irs.
Hotshot
Joined: Jan 2004
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From: St Louis
Originally Posted by muscletruck7379
hey guys i got a question about taxes. I worked for a company that built manure spreaders for the first half of the year, but towards the end they folded, but was reopened by other owners. I have been told that they are not going to send out w2's becaue they would have to go through three different places with them so we were just suppossed to use our last paycheck stub. but isn't it illegal for them to not send out w2's? and is it really possible to use my last paycheck stub?
See http://www.irs.gov/newsroom/article/...106470,00.html
You'd just better hope that the prior owners actually paid your withholdings to the IRS (and other tax authorities) before they folded, otherwise you'll still be liable for any taxes due regardless of the fact that they were already withheld.
You can expect to have a really fun time doing your taxes this season. Good luck.
Steve
Last edited by projectSHO89; Jan 30, 2007 at 09:34 AM.
Posting Guru
Joined: Sep 2003
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From: Valley of the Sun AZ
Would you still be liable for back taxes if the employer deducted them from your check and did not pay the IRS?
This is just a question I had when I read this post.
This is also a reason why I use a CPA to prepare my taxes.
This is just a question I had when I read this post.
This is also a reason why I use a CPA to prepare my taxes.
Posting Guru
Joined: Sep 2003
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From: Valley of the Sun AZ
Originally Posted by tewferford
I would think if it is showing a deduction on you paystub. The liability would fall elsewhere and the employer would take the rap. I would hope anyway.
Frank
Frank
i ain't rite
Joined: Mar 2005
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From: Marlboro Mental Hospital.
Originally Posted by Aztrainer
Would you still be liable for back taxes if the employer deducted them from your check and did not pay the IRS?.
Originally Posted by Aztrainer
This is also a reason why I use a CPA to prepare my taxes.
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Elder User
Joined: Jul 2001
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From: Mustang, Oklahoma
Originally Posted by tjc transport
very smart move. people that use a tax in a box program, or fast tax places like h&r blockhead more often than not cheat themselves out of rightful returns to save a few dollars on the tax return preparation.
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From: Where's my map???
Originally Posted by OKMIC1
I agree. I've had the same accountant for 10 years and he's always done an outstanding job.
Frank
Admom
Joined: Feb 2001
Posts: 9,414
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From: Silver Springs
If an employer doesn't pay in the Employment Taxes they've withheld from your paycheck, the IRS penalty is 100% of the tax due plus the tax. They WILL go after the business owners and officers personal assets to recover this tax & penalty. I've seen one case several years ago where they went after the Office Manager because she was the one that prepared the payroll tax returns even though she wasn't the one that made the tax deposits. The IRS is very strict when it comes to paying in the tax employers withhold from wages.
Last edited by Carlene; Jan 30, 2007 at 10:11 PM.
Hotshot
Joined: Jan 2004
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From: St Louis
The employee is ultimately responsible for the payment of the tax due to the IRS regardless of the employer's action (or lack thereof). The above posts are quite incorrect in this regard.
As a practical matter, the IRS does go after the employer first to attempt to recover the owed amounts and to, if necessary, initiate investigations that can lead to criminal charges.
CPAs, generally, may or may not have specific experience in preparing individual income taxes. Attainment of the CPA certification does not automatically indicate proficiency in this particular sub-specialty of the accounting profession. If you want to locate an individual or firm who DOES have the specific training and certification, seek out an Enrolled Agent (EA). An EA may or may not be a CPA, but the EA designation means the individual has received the proper training and certification to not only prepare complicated returns, but to also represent clients in most IRS matters. A CPA with the added EA certification would be one of the most experienced persons to consult on complicated tax matters.
Steve
As a practical matter, the IRS does go after the employer first to attempt to recover the owed amounts and to, if necessary, initiate investigations that can lead to criminal charges.
CPAs, generally, may or may not have specific experience in preparing individual income taxes. Attainment of the CPA certification does not automatically indicate proficiency in this particular sub-specialty of the accounting profession. If you want to locate an individual or firm who DOES have the specific training and certification, seek out an Enrolled Agent (EA). An EA may or may not be a CPA, but the EA designation means the individual has received the proper training and certification to not only prepare complicated returns, but to also represent clients in most IRS matters. A CPA with the added EA certification would be one of the most experienced persons to consult on complicated tax matters.
Steve
Admom
Joined: Feb 2001
Posts: 9,414
Likes: 201
From: Silver Springs
Originally Posted by projectSHO89
The employee is ultimately responsible for the payment of the tax due to the IRS regardless of the employer's action (or lack thereof). The above posts are quite incorrect in this regard.
http://www.irs.gov/businesses/small/...108357,00.html
BTW, I've been an Enrolled Agent since the mid 80's and have handled a few of these cases.
As for the "Can't get W-2" question, here's a link to the 4852 form you need to file with your tax return.
http://www.irs.gov/pub/irs-pdf/f4852.pdf
Last edited by Carlene; Jan 31, 2007 at 08:47 AM.
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