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Author: ginnyclutr Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 121061  
Subject: employer late W2 Date: 2/28/1999 12:26 PM
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First my x-employer of 12/97, not only sends me a surprise W-2 of over $1800 in wages. He sends it certified mail dated 2/26/99. I have not worked or received wages since 12/97. I called the office and the secretary said that it is for the money he paid to the State of NJ for my temporary disability.
First let me tell you that he sent me my 1997 W-2 in March of 1998 and got away with that, but at least I knew it was comming.
Now he sends me a W-2 for tax year 1998 and I never worked for him, actually I am suing him for workmans comp. My lawyer said to contact an accountant which I can't afford because I had a 0 income except for the disability I received in 2 checks in May of 1998.
The state of NJ has a lien on my disability to be paid back to the state if I get money from the suit. I don't know why I have to pay tax on the money he paid to the state for my disability and then I have to give it back to the state. Either I am really stupid, dumb, retarded, etc. or this is wrong.
I called the IRS and was told that I have to report disability income, but I didn't get anything from the state to tell me how much I received and how much I paid in taxes. I know for a fact that they took out taxes automaticaly.
Now I have to file a 1040x, because I already filed my federal and state taxes. This also messes up my son's grant both from the state and the federal government, which he was just approved. Now I have to let them think I am a cheat and possibly can be fined. Believe me my employer is a doctor and he knows that he just screwed me up on purpose. PLEASE HELP!!!!!!!
I found the 1040x on the internet but I need the instructions for it and can't find them.
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Author: cactusgal One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 11166 of 121061
Subject: Re: employer late W2 Date: 2/28/1999 3:32 PM
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Call the NJ Society of CPA's (or whatever it's equivelent is). Especially during tax season the state societies have free or low cost help sessions.

The IRS also has programs to help low income taxpayers. I am not familiar with the way things work in NJ, but sounds to me like he is wrong.

Make sure you have your ducks in a row on information. Exactly how many checks you got, how much they were for etc.

Someone should be able to help you clean up this mess.

Cactus

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Author: rjm1 Big red star, 1000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 11170 of 121061
Subject: Re: employer late W2 Date: 2/28/1999 4:38 PM
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First my x-employer of 12/97, not only sends me a surprise W-2
of over $1800 in wages. He sends it certified mail dated 2/26/99


I will assume your x employer purchased disability insurance and this policy is making the payment. The insurance co would notify the employer of the amount of income to include on your w2. Also, the employer has to pay employment taxes on these payments. The W2 is late, but maybe the employer did not get the information sooner or maybe they are not to familure with taxes and had to take some extra time to reasearch what their obligations were.

When you file your return it is your responsibility to report all of your income. Sounds like you did not. Maybe you did not know that it was taxable (in some cases it is not taxable). Maybe both you and your employer are not experts on the tax law and both are at fault. I would file the 1040x and not get upset at your x employer over this.

I am surprissed that your attorney does not know the answer since he is pratcing in the field and settlements have to be structured to minimize taxes. Maybe there is a lot more to this problem that I realize.

The instructions to the 1040x can be gotton at the IRS web site. Aslo go to quicken site and you might be able to do it for free using their software. I think under 20,000 in income is free. This maybe easier than reading the instructions.

If this is your only income I do not think it will affect your son's Grants.

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Author: TMFTaxes Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 11219 of 121061
Subject: Re: employer late W2 Date: 2/28/1999 10:57 PM
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[[ Now I have to file a 1040x, because I already filed my federal and state taxes.
This also messes up my son's grant both from the state and the federal
government, which he was just approved. Now I have to let them think I am a
cheat and possibly can be fined. Believe me my employer is a doctor and he
knows that he just screwed me up on purpose. PLEASE HELP!!!!!!!]]

Help how? I don't really know what to tell you. You have a history with this employer, obviously, and since you are in the middle of a lawsuit, you really have to get the advice of your attorney. If your attorney suggests that you see an accountant to review the entire issue, that is really the best thing to do.

I'm unaware of NJ tax and legal issues, so this is really way over my head. What the W-2 is REALLY for, I have no idea. If he sent you a false W-2, then you need to deal with this with the IRS directly. If he sent you a W-2 late bacause he figured that you wouldn't report the income, and wanted to "screw you up" (as you put it), he did. If the W-2 form is REAL, you should not have filed your tax return until you received all of your W-2 forms.

So, while I'm sorry for your circumstances, I really don't know what I can tell you that will help you out.

[[ I found the 1040x on the internet but I need the instructions for it and can't find
them.]]

You can find both the 1040X AND the instructions at the IRS web site (http://www.irs.ustreas.gov). You can also get the form and the instructions at the fairmark tax site (http://www.fairmark.com).

Good luck...
TMF Taxes
Roy

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