Ambivalence
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"illegal"
Business and debt are two separate things; this both an IRS or Credit Collection violation...
* take it back, its three things - NOW add the Labor Board!
OH SNAP, BUSTED!!! |
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L D
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NO they can not do that. According to the IRS:
If you do not receive the missing or corrected form W2 by February 15th from your employer/payer, you may call the IRS at 1-800-829-1040 for assistance. You must provide your name, address (including zip code), phone number, Social Security Number, dates of employment, your employer/payer's name, address (including zip code), and phone number. The IRS will contact the employer/payer for you and request the missing form. IRS will also send you a Form 4852 (PDF), Substitute for Form W-2 or Form 1099-R.
If you do not receive the missing form in sufficient time to file your tax return timely, you may use the Form 4852. If you receive the missing or corrected Form W-2 or Form 1099 after you file your return and a correction is needed, use Form 1040X (PDF), Amended U.S. Individual Income Tax Return. Refer to Topic 308, Amended Returns, for additional information.
Course he needs to pay any debts that he has. I would suggest he contact the previous employer and set up a payment plan to get that taken care of. Even $20 a week is better than paying nothing but he needs to stick with whatever agreement they work out with him! (Oh and be careful of boyfriends who don't pay their debts... it could be a sign of things to come in your future!) |
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kj
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NO! It is blatantly ILLEGAL! Contact the IRS and rat them out. They can get into all sorts of trouble.
My source for this answer is my husband. He's a CPA. |
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FReQuEnCy04
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Yeah, tell him to pay up. |
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Serge M
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Employers are required to provide a W2 form by January 31. People who owe money are required to pay their debts. If the W2 was for last year's employment, the employer is not satisfying his obligation with the W2. If it is for work in 2008, your boyfriend can wait until January 2009. Meanwhile, he should start paying for the golf clubs. |
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SCH
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No, I don't believe it is legal...but tell him to forget it and call the IRS and ask for copies from them...the employer is legally required to report his income to the IRS...call them and tell them he can't get his 07 w-2 from his employer (tell them why) and ask if he can get his the copy that was submitted to the IRS...this is how the IRS knows if you are cheating on your taxes because they have all the information that was on your W2 already...as an added benefit hopefully he will get them introuble. On another note...if they do not come after him legally for the money he owes...they can also issue a W2c and call the clubs income on his wage form...which could cause tax problems in its own right. So he might want to work out a payment plan...I owed an employer once and that is what they did and I wound up owing the IRS money and they charged me interest and penalties... |
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mbusiness_2000
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HeLL not this is ILLEgal. His debt to his employer has nothint to do with his W-2...What do they think this is helping by withholding this? the IRS should be notified ASAP!...Coming from a legal assistant. |
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Butterkup
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nope that's not legal,If your boyfriend wants to file taxes all he has to do is take his last paystub to H&R block and they can go from there, that's all u need, oh and the employers federal tax id which is probably on the stub. He can forget about the w2 form and not pay for the clubs as well, i wouldn't pay just for them being so malicious... |
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Because John McCain Said So
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Yeah it's legal. |
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La Vie Boheme
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Well..not paying is stealing so isn't that illegal too? The easy way out is for him to pay them..he's going to have to do it anyway sooner or later. |
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toxicavenger
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No it is not since it is FEDERAL law that income taxes are to be filed. Since your boyfriend dosent have a w-2 what he'll need to do is look at his last check stub from 2007 and go from there, By law all employers are to issue w-2's by the end of January, What he can do is file his taxes based on the last stub and file an amendment if need be. Since he is late (im assuming) there will be penalties. Whatever those penalties and amendment costs are can be recouped by taking the employer to small claims court due to their non compliance.Good luck. Id be interested to see what the final outcome is..P.S. you cannot get a stimulus check without filing your taxes. |
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Brandi
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They can hold hislast check, but NOT his W-@ I would report them to the IRS and the police |
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Must Be The Clouds In My Eyes
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of course , if you owe money and you quit the job of course it gets held |
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