Legal Question in Tax Law in Texas

My employer is withholding my W2 form

Hello,

I'm a software engineer working through a consulting firm for one year on H1B. Last month, my employer suggested that he would pay my taxes only for the last quarter (OCT-DEC) and pay me in cash all the taxes he withheld from me b/w march and october. But I put my foot down and told him that I want all my taxes paid to IRS.He said he will have to redo my W2 form and would send it to me soon. However, he's been avoiding me since then and does not even return my calls. My paystubs show the taxes deducted but it looks like my employer is not paying any of it to IRS. what should I do now before it is too late?

Thanks for taking the time to help me.


Asked on 3/11/02, 9:45 am

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: My employer is withholding my W2 form

If you parstub accurately reflects what your employer should have been doing, that is withholding taxes and paying them over to the government, and he refuses to give you a W-2, file your tax return based upon the accurate information and include a letter of explanation with the return as to why you have not attached a W-2 to your return. If your employer fails to pay over the taxes withheld, it is his problem, not yours. The IRS will treat you as though the withheld taxes were paid. Larry Maun 713.266.2560

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Answered on 3/11/02, 10:01 am


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