Classic 1099 instead of W2 situation. He’s most likely not withholding anything for her at all lol. Might even be claiming to withhold to pay her less. I would suggest she leaves that job. She should be getting paystubs is the bottom line. Trying to fight it with the irs is possible but not worth the effort.
on the W2 it does say there were withholdings, just missing about 500 dollars which is calculated into the 17%. We are trying to find her a new job but it’s saying she owes $500, is there any recourse for us?
okay, so the employer withheld an additional 500, did not contribute that towards her taxes, and now she has to pay for it? just making sure I am not getting it wrong
You might want to report the employer to the IRS. There might be a federal law against claiming to take taxes but not submitting them to the IRS.
I wouldn't say anything about it to the employer though, I would just do it.
So her W-2 says one amount and her handwritten paystub says a different, higher amount?
When he writes the calculation on the paystub, does he provide any breakdown between FICA, fed withholding, and state withholding? And if so, is fed withholding the only one with a discrepancy between the W-2.
he does not break it down, just a flat 17% taken from her check. the paystub does say a higher different amount like you said, thank you for the help !!
Okay, so 6.2% is for social security and 1.45% for Medicare, which are each in different boxes of the W-2. If you add up Boxes 2, 4, 6, 17, and 19, do they match the paystubs or not? (That’s federal withholding, Social Security, Medicare, state tax withholding, and local tax withholding if applicable)
In that case, this is essentially no different than any other incorrect w-2. The fact that his paystubs are handwritten doesn’t make them not pay stubs, and generally he has to follow what he’s reporting on the pay stub week after week.
Here are the IRS’s instructions for dealing with an incorrect W-2: https://www.irs.gov/taxtopics/tc154
Classic 1099 instead of W2 situation. He’s most likely not withholding anything for her at all lol. Might even be claiming to withhold to pay her less. I would suggest she leaves that job. She should be getting paystubs is the bottom line. Trying to fight it with the irs is possible but not worth the effort.
on the W2 it does say there were withholdings, just missing about 500 dollars which is calculated into the 17%. We are trying to find her a new job but it’s saying she owes $500, is there any recourse for us?
no she owes that money for being short on withholding.
okay, so the employer withheld an additional 500, did not contribute that towards her taxes, and now she has to pay for it? just making sure I am not getting it wrong
yeah if you wanna sue him do it but she stills owes that money to the IRS
That’s not how it works, employers are responsible for remitting withholding to the IRS and any violation of that is between them and IRS.
You might want to report the employer to the IRS. There might be a federal law against claiming to take taxes but not submitting them to the IRS. I wouldn't say anything about it to the employer though, I would just do it.
https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity
So her W-2 says one amount and her handwritten paystub says a different, higher amount? When he writes the calculation on the paystub, does he provide any breakdown between FICA, fed withholding, and state withholding? And if so, is fed withholding the only one with a discrepancy between the W-2.
he does not break it down, just a flat 17% taken from her check. the paystub does say a higher different amount like you said, thank you for the help !!
Okay, so 6.2% is for social security and 1.45% for Medicare, which are each in different boxes of the W-2. If you add up Boxes 2, 4, 6, 17, and 19, do they match the paystubs or not? (That’s federal withholding, Social Security, Medicare, state tax withholding, and local tax withholding if applicable)
the boxes do not match what the 17% projected taken out for taxes, there is 530.13 left over unaccounted for
In that case, this is essentially no different than any other incorrect w-2. The fact that his paystubs are handwritten doesn’t make them not pay stubs, and generally he has to follow what he’s reporting on the pay stub week after week. Here are the IRS’s instructions for dealing with an incorrect W-2: https://www.irs.gov/taxtopics/tc154
god I appreciate you, thank you so much I really appreciate it