Understanding Employer Tax Reporting Obligations

The Internal Revenue Service (IRS) requires all employers to report income and employment taxes withheld from their employees on an Employer’s Quarterly Federal Tax Return (Form 941). This form ensures that wages are accurately recorded, and all necessary payroll taxes are paid.

If your employer fails to report your wages correctly or does not report them at all, they may face both criminal and civil penalties as outlined by the IRS. As an employee, you have the right to report any discrepancies to the IRS to ensure compliance and protect your financial future.

When a Company Fails to Report Income and Taxes to the IRS

If you suspect that your employer is not reporting your income or withholding taxes appropriately, it is essential to take action as soon as possible. Tax evasion is a serious crime, and even if your employer is responsible for the withholding and reporting of taxes, you are still personally responsible for paying income tax on the wages you earned during the tax year.

Steps to Take If Your Wages Are Not Reported

1. Review Your Pay Stubs: Keep a record of all pay stubs and any other documentation that proves your earnings. Compare these with your W-2 or any other tax documents.
2. Check Your IRS Wage Transcript: You can request a wage and income transcript from the IRS by calling 1-800-829-1040 or by using the IRS’s online tools to verify whether your employer reported your earnings.
3. Report the Issue to the IRS: If you confirm that your wages are not being reported, call the IRS at 1-800-829-1040 to file an official report.
4. File Your Taxes Correctly: Even if your employer fails to report your wages, you must still report all earned income to the IRS on your tax return. If you do not receive a W-2, you may need to use Form 4852 (Substitute for Form W-2, Wage and Tax Statement).

Consequences of an Employer Failing to Report Wages

Failure to report wages and taxes to the IRS can have significant financial and legal implications for both employees and employers:

• For Employers: They may be subject to IRS audits, fines, penalties, and even criminal charges if found guilty of tax evasion.
• For Employees: If your wages aren’t reported, it could affect your eligibility for unemployment benefits, Social Security benefits, and Medicare.
• For Your Future Retirement Benefits: If your wages are not reported, they are not added to your lifetime earnings record, which can negatively impact the Social Security benefits you receive upon retirement.

What to Do If Your Employer Fails to Send You a W-2

A W-2 form is an essential tax document issued by an employer that reports an employee’s wages and the amount of taxes withheld for the year. If your employer does not report your wages to the IRS, you may not receive a W-2 form, which can make filing your taxes more complicated.

How to Handle a Missing W-2

1. Check with Your Employer: If you have not received your W-2 by early February, contact your employer to ask if it has been sent.
2. Request a Copy: If your employer failed to send it or lost the form, request a copy or a duplicate statement.
3. Use Form 4852: If your employer does not provide a W-2, file Form 4852 as a substitute when filing your tax return.
4. File a Report with the IRS: You can file an anonymous report against your employer using Form 3949-A to report suspected tax fraud. This form requires details about the employer, estimated unreported income, and other relevant information.
5. Monitor Your IRS Records: Log in to your IRS account or request a transcript to verify the wages reported under your Social Security number.

Employer Deadlines for Sending W-2 Forms

By law, employers must send out W-2 forms by January 31st each year. If that date falls on a weekend, the deadline shifts to the following Monday. If you do not receive your W-2 shortly after this deadline, it is crucial to follow up with your employer.

Can You Sue Your Employer for Not Providing a W-2?

Many employees wonder if they can take legal action against an employer for failing to provide a W-2. Unfortunately, you cannot sue your employer solely for not issuing a W-2 on time. However, if your employer has not withheld or remitted taxes to the IRS as required, reporting them to the IRS is your best course of action. The federal government takes tax fraud very seriously and will enforce compliance through audits, fines, and other penalties.

Frequently Asked Questions (FAQs)

1. What should I do if my employer reports incorrect income on my W-2?

If your W-2 form does not accurately reflect your income, immediately notify your employer and request a corrected form (W-2c). If they do not cooperate, contact the IRS and file Form 4852 as a substitute W-2 when filing your tax return.

2. How can I verify that my employer has reported my wages correctly?

You can check your earnings record by requesting a Wage and Income Transcript from the IRS online at www.irs.gov or by calling 1-800-829-1040.

3. Can I file my taxes without a W-2 if my employer doesn’t provide one?

Yes. If your employer does not issue a W-2, use Form 4852 (Substitute for Form W-2) and report your income based on pay stubs and other records. You should also notify the IRS about the missing W-2.

4. What happens if my employer fails to withhold taxes from my paycheck?

Even if your employer does not withhold taxes, you are still responsible for reporting and paying taxes on your income. You may need to make estimated tax payments or adjust your tax withholding with the IRS.

5. Will the IRS investigate my employer if I report them?

Yes, the IRS takes tax fraud seriously and may launch an investigation if an employer is reported for failing to withhold or report wages. Reports can be made anonymously using Form 3949-A, and the IRS will take appropriate action based on their findings.

Conclusion

Reporting your income accurately is crucial for both tax compliance and securing future benefits such as Social Security and Medicare. If your employer fails to report your wages or provide the necessary tax documents, take proactive steps by reviewing your pay stubs, contacting the IRS, and filing the appropriate forms. Protect your financial well-being by ensuring all earnings are properly documented and reported. If tax fraud is suspected, do not hesitate to report it to the IRS—it safeguards not only your future but also the integrity of the tax system.

The information provided in this article is for general informational purposes only and should not be considered legal, tax, or financial advice. While we strive to provide accurate and up-to-date information, tax laws and regulations may change, and individual circumstances can vary. If you suspect tax fraud or need assistance with tax-related matters, consult a qualified tax professional, attorney, or the Internal Revenue Service (IRS) directly. We do not assume responsibility for any consequences resulting from reliance on the information provided in this article.