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IRS situation, need advice!

post #1 of 7
Thread Starter 
A little background:

DH worked for a friend's company a few years ago, in 2007. It was a crappy situation. His paycheck bounced all the time, they ran out of work a lot, and it just seemed a bit shady, so he only worked there 4 months. While working there, he did not receive regular payroll checks, but rather company checks that were handwritten or a check from the owner's personal account. They calculated his hours and took taxes out then gave him a check for the net.

Of course we didn't get a W2 from them the following January - big surprise there. So he called his buddy who told him he wouldn't be getting one and to just claim it on a 1099- but it wasn't a contractor situation and they TOOK taxes out of his pay. We called the IRS who told us to fill out some other form for when you don't recieve a W2, and to estimate the amounts made and taxes taken out. Since he didn't have pay stubs, we had to calculate it the best we could from bank deposits.

So fast forward to last week when we get a letter from the IRS wanting their money for the $1200 or so that we estimated was taken out of his pay checks. Apparently, when DH filed electronically, the form we filled out to estimate his pay and taxes didn't get sent with our claim. He hasn't been to talk to the IRS yet, but did talk to his "buddy" who talked to the lady who owned the company and she said she would just give us the money to pay the taxes...

Which is fine and wonderful as long as it doesn't come back down on us in any way. Because if we just pony up the money, is it going to look like we were lying in the first place? Will they then want to audit us? I think DH should take the money they give him to the IRS with our paperwork, including the form that didn't get sent to make sure that we don't come out as the shady ones, when it was this stupid lady and her company who were the shady ones. DH doesn't want to to this because he doesn't want his buddy to get in trouble (we're 95% sure he was doing a little tax evading of his own, since he acted like it wasn't a big deal at all when we originally filed our taxes).

WWYD??
post #2 of 7
Call a tax accountant. The biz owner needs to pay the IRS for his withholding, not you guys.
post #3 of 7
Thread Starter 
Quote:
Originally Posted by Cheshire View Post
Call a tax accountant. The biz owner needs to pay the IRS for his withholding, not you guys.
Just to clarify, she is paying, she is giving us the money to give to the IRS...
post #4 of 7
Call the IRS on the phone - they are actually much more helpful than you might expect. I think audits happen when people clam up and stop communicating.
post #5 of 7
Quote:
Originally Posted by Contrariety View Post
Just to clarify, she is paying, she is giving us the money to give to the IRS...
The problem is the business isn't paying the taxes the 'correct' way. By simply handing you cash there is no paper trail and you could very well find yourself in more trouble 6 months from now. A call to a tax attorney or an accountant is definatley something to do.
post #6 of 7
Call the IRS. As a previous poster stated, they are in fact very helpful. In fact in this situation they will most likely obsolve you immediately and go after the company for the withheld taxes.

Also his company needs to pay the IRS his withheld taxes. It doesn't matter if they write you a check for it, it is not the right way to do it, and the IRS ill catch up. Do not accept a check for the tax amount.

Wow, if blows my mind how employers can screw up so much.
post #7 of 7
Ok how do you know that the employer even paid these taxes in the first place?



You were never given payroll stubs or your W2. You feel the comapny was shady and that your friend is tax evading.



How do you know it was even paid? You might actually truly owe it.



Any NO company is just going to hand you $1200 in cash if they had already legally paid. More like, "Ooh quick give them money before they figure out we never paid and they tell the IRS". If they give you money I would be VERY worried about it.


Oh and paychecks that bounce all the time = no money to pay taxes with to me. Cause if there is no money for your paycheck to go through, I seriously doubt paying taxes to the IRS was a higher priority.


Good luck!
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