What can I do if an employer sent an incorrect W2 and they yet to send corrected W2? They do this to almost every employee current and former.

[rmcc85]

I was a seasonal server for this restaurant, made 10k+, but W2 only shows $27 in federal taxes were taken out. I know more was taken out, because I was getting $0 paychecks as I should. Unfortunately, I didnt know this when I was hired, but they are known for doing this. I talked to former servers and a manager and all said they do this every year... do I just file? I'm worried because with this, the IRS will come after me for unpaid fed taxes, but yet this company does this year after year with what seems no recourse from the IRS.

[JohnB5677 · Accepted solution]

There are several things involved here.

First, you have two alternatives for filing your taxes.

1.  You can file your taxes with what you have, and the amend them if the W-2 issue is resolved. Or
2. You can pay what taxes are owed, and file for an extension which will give you until October 16th to file.

How to file an Extension

TurboTax file an Extension

On the sidebar go to:

1. Tax Tools
2. Then select Tools
3. In the four green boxes select Tax Topics
4. Type extension
5. Need More Time to File Your Return?
6. Select Start Easy Extension
7. This will give you until October to file

The second issue is to try to get the employer to issue a corrected W-2c.

1. Contact your employer again and try to get the corrected W-2.  Then,
2.  If you’re unable to get your Form W-2 from your employer, contact the Internal Revenue Service at 800-TAX-1040. 

• The IRS will contact your employer or payer and request the missing form.
• Let them know: 
  •  your name, address, Social Security number and phone number. 
  • your employer’s name, address and phone number. 
  • the dates you worked for the employer; and 
  • an estimate of your wages and federal income tax withheld last year. 
  • You can use your final pay stub to figure these amounts. 

   If I've misunderstood your question, and this does not completely answer it, please contact us again and provide some additional details.
 

[fanfare]

figure your tax as if your w-2 was correct

use that number to figure how must to put on Form 4898 request for extension of time

pay the amount you owe with that request before April 18th,

If you don't know the withholding, you can  estimate 20% was withheld

you can request extension and pay on the IRS website.

@rmcc85 

[BillM223]

It appears to me that your employer is attempting to avoid paying taxes to the IRS in a timely manner, a serious crime in the pantheon of IRS crimes. That is, they reported on the copy of your W-2 that they sent the IRS that they withheld only $27 from you which they sent to the IRS but in fact withheld much more than that from you which they would send to the IRS later.

John's second set of instructions comes from this IRS webpage (good advice); when you call the IRS, be sure to tell them that this employer does this every year, so it appears that they are trying to stiff the IRS.