• Page :
  • 1
  • Text Only
Voting History
rated:
I worked at a restaurant part-time last summer for about two months, and probably made only about $750 during that period. I cannot find my last paystub, so I don't know exactly how much I made, unfortunately.

The restaurant did not want to mail me the W2 -- they wanted me to come in to pick it up. I went in a few times and each time, they couldn't find it and asked me to come back a different day. About a month ago, I alerted the IRS, who sent the restaurant a letter requesting they give me my W2. Now, the restaurant says they finally mailed the W2 to me last Tuesday. I have not received it, so I believe they either did not send it, or it was lost in the mail.

I asked them to send me a new one, and they say they will only if I pay them a $25 fee, and that it will take up to a week to process. Now, the tax deadline is April 15, so I'm a little concerned.

My question is: Is it likely that I will be penalized if I file my taxes without this W2, pretending that I never worked at the restaurant, since I made such little there?

Member Summary
Quick Summary is created and edited by users like you... Add FAQ's, Links and other Relevant Information by clicking the edit button in the lower right hand corner of this message.
Thanks for visiting FatWallet.com. Join for free to remove this ad.

Preserved
bubblegum404 said: I worked at a restaurant part-time last summer for about two months, and probably made only about $750 during that period. I cannot find my last paystub, so I don't know exactly how much I made, unfortunately.

The restaurant did not want to mail me the W2 -- they wanted me to come in to pick it up. I went in a few times and each time, they couldn't find it and asked me to come back a different day. About a month ago, I alerted the IRS, who sent the restaurant a letter requesting they give me my W2. Now, the restaurant says they finally mailed the W2 to me last Tuesday. I have not received it, so I believe they either did not send it, or it was lost in the mail.

I asked them to send me a new one, and they say they will only if I pay them a $25 fee, and that it will take up to a week to process. Now, the tax deadline is April 15, so I'm a little concerned.

My question is: Is it likely that I will be penalized if I file my taxes without this W2, pretending that I never worked at the restaurant, since I made such little there?


I'm a little confused. Did you just ask if you can file your taxes and lie about $750 in income? Did you ask about the risk/reward structure for lying on your taxes? You're only allowed to do that if you mail me the money you keep illegally. I certainly have a use for it, just like I have a use for all the taxes I paid on my complete and honest income. What did the IRS tell you to do the second time you called them?

Yes, filling out a form 4852 will not be fun, but it comes with being a taxpaying member of society. I'd try and raise a stink with the IRS, and with some luck, your restaurant will get in a little hot water. Mailing a W-2 at the end of March is unreasonable, demanding that a former employee arrive in person to get their W-2 is unreasonable from my understanding, and they probably opened themselves up to fines from the IRS.

bubblegum404

My question is: Is it likely that I will be penalized if I file my taxes without this W2, pretending that I never worked at the restaurant, since I made such little there?[/Q said:


The IRS matches W-2's to tax returns so eventually you will get a letter questioning the discrepancy.

bubblegum404 said: Now, the restaurant says they finally mailed the W2 to me last Tuesday. I have not received it, so I believe they either did not send it, or it was lost in the mail.

I asked them to send me a new one, and they say they will only if I pay them a $25 fee, and that it will take up to a week to process. Now, the tax deadline is April 15, so I'm a little concerned.

My question is: Is it likely that I will be penalized if I file my taxes without this W2, pretending that I never worked at the restaurant, since I made such little there?


I would call your employer and tell him if they will not receive you W2 in 2 days you will contact IRS.

From our IRS friends:
Topic 154 - Forms W-2 and Form 1099R (What to Do if Not Received)

If you do not receive your Form W-2, Form 1099-R, Form 1099-INT, or Form 1099-MISC by January 31st , or your information is incorrect, contact your employer/payer.

If you do not receive the missing or corrected form by February 15th from your employer/payer, you may call the IRS at 1-800-829-1040 for assistance. You must provide your name, address (including zip code), phone number, Social Security Number, dates of employment, your employer/payer's name, address (including zip code), and phone number. The IRS will contact the employer/payer for you and request the missing form. IRS will also send you a Form 4852 (PDF), Substitute for Form W-2 or Form 1099-R.

If you do not receive the missing form in sufficient time to file your tax return timely, you may use the Form 4852. If you receive the missing or corrected Form W-2 or Form 1099 after you file your return and a correction is needed, use Form 1040X (PDF), Amended U.S. Individual Income Tax Return. Refer to Topic 308, Amended Returns, for additional information.

Sounds to me that your former Employer has lost all records of your W2...Shouldn't be that hard to mail it to you.

Just curious... on your paystub, did it show a breakdown of what was withheld in taxes and all that, social security, medicare, etc?

Sounds like they either lost the records, or they rigged their books so that you were actually being paid under the table, and then didn't file taxes for you.

bubblegum404 said: About a month ago, I alerted the IRS, who sent the restaurant a letter requesting they give me my W2. Now, the restaurant says they finally mailed the W2 to me last Tuesday.

My question is: Is it likely that I will be penalized if I file my taxes without this W2, pretending that I never worked at the restaurant, since I made such little there?

You alerted the IRS and had them send the employer a letter, they already know you worked there. You certainly don't think they'd forget? Do you want to tango with the IRS' memory over the sum of x% times $750.00?

One option for you is to ask the IRS point-blank to send you what they have with respect to W-2 earnings for 2007 (they can send a you transcript usable in filing as well as reading its contents to you over the phone), in addition to asking them what to do about the April 15 filing deadline.

I did that (accidentally "forgot" about a W2 that had my SSN incorrect.) I got a nice letter from the IRS requesting about $1,000 for back taxes and interest accrued since 2004 (when it happened) I sent them back copies of all W2s with the total tax they said I owe, and total taxes I had paid. Of course, they didn't figure in the taxes I had paid on that W2 that wasn't reported. I sent them a check for $342, which was the figure I came up with based on how much taxes I had paid and how much they stated I owed based on my new income figure. They cashed it and haven't said anything since then.

Bottom line, don't do it, you'll probably get an inflated bill in a couple years.

Don't complicate things OP. Just look at the numbers on your second-to-last paystub, estimate your final pay period's amount, and file accordingly. I'd include a note with your taxes indicating why your W-2 info won't match the IRS's exactly. Then when you finally do get the exact W-2 info, you can submit an Amended return. Very simple. I'd pay a little extra with the initial return to avoid any penalties.

Call the IRS, get the Form 4598 issued. Tell them that the ex-employer is refusing to send you the W-2 unless you give them $25. Tell them the estimated numbers (look at Publication 15 to help guess the tax with-held).

You can also mail a written complaint to your state's Department of Labor as their refusal to comply is punishable by a fine in most states, but most state's DOL's don't care and many won't do anything more than forward you complaint on. Either, it's another mark against them and could help someone else out down the road. You may also get lucky and the state does followup and fine them.

You could just file an extension, form 4868, and send in the real return when you receive W-2 in the mail. If you owe
taxes, you still need to pay based on your best estimate of $750 plus your other income. Otherwise, you've got until October 15 to file.

The restaurant is in trouble if they really didn't send it to you.

Sound to me like the employer was planning on paying cash, but then when they realized they'd have to pay your tax (as their income), they decided to 1099 you and now they don't know what to do because they didn't properly withold or pay SS or anything they were supposed to.

As asked already, were they making deductions from your check, and if so, did they send them in as required?

I'd burn them the hard way.

What happened the last time you ignored a problem and "pretended" it did not happed?

Did you verify with the restaurant that they mailed the W2 to the correct address?

Do you also not keep bank records (or record of a check cashing service), or are those with your last paystub? If you had such a record, then you could use the net amount that you deposited and gross it up for the FICA (and any statuatory taxes, like the CA SDI, depending on your state). Since you only made $750 over two months, assuming paid bi-weekly or semi-monthly, you should not have had any withholding, and, if by some chance you did, it would be neglible. You can pay your taxes based on that.

Some posters seem to perpetually confuse paying under the table with the magical 1099 . . . if by some fantastically stupid happenstance they paid a restaurant employee as an independent contractor, you need only file for unemployment to screw them over, if revenge is what you seek.

In any case, use this as a learning experience: (1) keep records of all pay stubs and (2) request your W2s in February rather than April if you have not received them by the end of January.

To answer your question: You will be penalized if you do not report the ~$750 in earnings but your employer did and you had to pay income tax on your other earnings for the year. If you do not have to pay income tax for 2007 regardless of $750 in earnings, then it is not worth the IRS's trouble. You will not be penalized if both you and your employer do/did not report the earnings.

UPDATE:
Thanks for the replies, everyone. I was finally able to get the W2 from them tonight, but not without a fight. They demanded a $25 payment because, according to them, the only reason I did not receive the W2 in the mail was because I gave them the wrong address (I double and triple checked to confirm that they had the correct address). So, I'm pretty sure they made that up and were trying to scam me.

A group of three managers ganged up on me and caused a scene in the middle of dinner rush. I told them it was a federal offense not to mail the W2 out right away and that they had some nerve asking me for $25 on APRIL 14. They were so unreasonable that I lost my temper; I grabbed the W2 out of the manager's hand and ran out of the restaurant and lost them right away. I guess that would technically be considered theft, even though it's MINE.

Does anyone know if the police are likely to show up at my house, and if so, am I going to be in deep $hit? I figure what they did (essentially holding my W2 hostage) is way worse than what I did.

Also, the box where my SSN should go on the W2 was left empty and my name is slightly misspelled. Is that going to raise flags at the IRS or delay my return at all?

Also, I'm pretty angry over this whole ordeal and want payback. What is the best way to burn them? Report them to the BBB or Department of Labor, or something else entirely?

What was the amount on the W-2?

It's probably a bit late for this now, but I had an employer who had to provide me with a corrected W-2 and they were dragging their feet on it forever. Finally, on 14 April I contacted them for the last time and told them that if they did not fax me the corrected W-2 this very instant, I was going to file my taxes without the W-2 (I had all the data that I needed from my year-end pay stub) and file a statement to the effect that the "Employer refused to provide a corrected W-2." and I was DEAD SERIOUS. Amazingly, a corrected W-2 was provided within the hour. When it comes to my pay and my taxes, I keep meticulous records and double check everything with every paycheck. I don't like people messing with my pay or with my taxes.

bubblegum404 said: UPDATE:
Thanks for the replies, everyone. I was finally able to get the W2 from them tonight, but not without a fight. They demanded a $25 payment because, according to them, the only reason I did not receive the W2 in the mail was because I gave them the wrong address (I double and triple checked to confirm that they had the correct address). So, I'm pretty sure they made that up and were trying to scam me.

A group of three managers ganged up on me and caused a scene in the middle of dinner rush. I told them it was a federal offense not to mail the W2 out right away and that they had some nerve asking me for $25 on APRIL 14. They were so unreasonable that I lost my temper; I grabbed the W2 out of the manager's hand and ran out of the restaurant and lost them right away. I guess that would technically be considered theft, even though it's MINE.

Does anyone know if the police are likely to show up at my house, and if so, am I going to be in deep $hit? I figure what they did (essentially holding my W2 hostage) is way worse than what I did.

Also, the box where my SSN should go on the W2 was left empty and my name is slightly misspelled. Is that going to raise flags at the IRS or delay my return at all?

Also, I'm pretty angry over this whole ordeal and want payback. What is the best way to burn them? Report them to the BBB or Department of Labor, or something else entirely?


The police won't do anything to you. They don't want to get involve in civil matter (you didn't punch the manager, didn't you? )Even if the manager call the police on you, you can just explain to them nicely, and they will go away.

You can call the IRS and report the situation to them, and let them deal with the restaurant. BTW, a lot of restaurant pay under the table.

delzy said:
As asked already, were they making deductions from your check, and if so, did they send them in as required?


Yes, they were making deductions, but I'm not sure if they were sending them in as required.



I can't figure out how to quote multiple people, but Venturion asked what the total amount was, and it wasn't even near my $750 estimate. In fact, it was less than $400! I could have sworn it was more.

Lesson learned.

The only thing I'm concerned about is that my name is spelled wrong on the W2 and my SSN is not listed.

bubblegum404 said: delzy said:
As asked already, were they making deductions from your check, and if so, did they send them in as required?


Yes, they were making deductions, but I'm not sure if they were sending them in as required.



I can't figure out how to quote multiple people, but Venturion asked what the total amount was, and it wasn't even near my $750 estimate. In fact, it was less than $400! I could have sworn it was more.

Lesson learned.

The only thing I'm concerned about is that my name is spelled wrong on the W2 and my SSN is not listed.


When you start working there, did they make you fill out any tax form? IMO, they probably cheat the IRS, making deduction but doesn't send them in. Now that you ask, they just make up some crappy W2 + make it hard so you go away. If you really hate them, report them to the IRS, and they're in big trouble.

Well, call the IRS and tell them. Trust me, the IRS doesn't like it when people mess with the system. And they really don't like it when restaurants are paying people under the table. Render unto caesar..



Disclaimer: By providing links to other sites, FatWallet.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to FatWallet.com.

Thanks for visiting FatWallet.com. Join for free to remove this ad.

TRUSTe online privacy certification

While FatWallet makes every effort to post correct information, offers are subject to change without notice.
Some exclusions may apply based upon merchant policies.
© 1999-2014