• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Employer did not pay in taxes witheld from paycheck

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mnjoe

Junior Member
What is the name of your state? Minnesota

Background Info: Husband joined small start-up masonry company with 4 co-owners in 2005. Was paid on a weekly basis via check. Taxes were always withheld. One of the co-owners was the designated "finance guy" who supposedly was doumenting all expenses (payroll, bids, materials, etc) and kept all records on his personal computer.

By the end of 2005, it was discovered "finance guy" was embezzling company funds. When approached, he denied claims and has not been heard from since. (Naturally there have been several attempts to contact him).

After 2 paychecks that bounced and plain common sense, my husband left the business in late 2005 as well. He has contacted the existing 3 co-owners several times for his W-2 and for the status of how 2005 taxes for the business are going to be handled. They have said that they are working with someone on the matter but have failed to provide any proof of progress.

My husband (to his own fault) has only a few pay stubs and I am sure not enough documentation to prove his 2005 income and taxes being withheld.

Question: What are our options? What is the responsibility of the existing 3 co-owners? Who do we contact or where do we go to get my husband's personal taxes completed without spending a fortune? (We were just married in 2006, so filing jointly is not an option). We don't want to drag this out any more than we have to in terms of communicating with the current owners.

Any assistance you can provide is greatly appreciated.What is the name of your state?
 


seniorjudge

Senior Member
mnjoe said:
What is the name of your state? Minnesota

Background Info: Husband joined small start-up masonry company with 4 co-owners in 2005. Was paid on a weekly basis via check. Taxes were always withheld. One of the co-owners was the designated "finance guy" who supposedly was doumenting all expenses (payroll, bids, materials, etc) and kept all records on his personal computer.

By the end of 2005, it was discovered "finance guy" was embezzling company funds. When approached, he denied claims and has not been heard from since. (Naturally there have been several attempts to contact him).

After 2 paychecks that bounced and plain common sense, my husband left the business in late 2005 as well. He has contacted the existing 3 co-owners several times for his W-2 and for the status of how 2005 taxes for the business are going to be handled. They have said that they are working with someone on the matter but have failed to provide any proof of progress.

My husband (to his own fault) has only a few pay stubs and I am sure not enough documentation to prove his 2005 income and taxes being withheld.

Question: What are our options? What is the responsibility of the existing 3 co-owners? Who do we contact or where do we go to get my husband's personal taxes completed without spending a fortune? (We were just married in 2006, so filing jointly is not an option). We don't want to drag this out any more than we have to in terms of communicating with the current owners.

Any assistance you can provide is greatly appreciated.What is the name of your state?

I'll answer part of your question: Your husband is responsible for his taxes regardless of what the crooks did. In other words, get the taxes paid off with the government (state, local, federal, whatever) and then go after the bad guys.
 

LdiJ

Senior Member
mnjoe said:
What is the name of your state? Minnesota

Background Info: Husband joined small start-up masonry company with 4 co-owners in 2005. Was paid on a weekly basis via check. Taxes were always withheld. One of the co-owners was the designated "finance guy" who supposedly was doumenting all expenses (payroll, bids, materials, etc) and kept all records on his personal computer.

By the end of 2005, it was discovered "finance guy" was embezzling company funds. When approached, he denied claims and has not been heard from since. (Naturally there have been several attempts to contact him).

After 2 paychecks that bounced and plain common sense, my husband left the business in late 2005 as well. He has contacted the existing 3 co-owners several times for his W-2 and for the status of how 2005 taxes for the business are going to be handled. They have said that they are working with someone on the matter but have failed to provide any proof of progress.

My husband (to his own fault) has only a few pay stubs and I am sure not enough documentation to prove his 2005 income and taxes being withheld.

Question: What are our options? What is the responsibility of the existing 3 co-owners? Who do we contact or where do we go to get my husband's personal taxes completed without spending a fortune? (We were just married in 2006, so filing jointly is not an option). We don't want to drag this out any more than we have to in terms of communicating with the current owners.

Any assistance you can provide is greatly appreciated.What is the name of your state?
Does he have his last pay stub? Does it include year to date totals? If so, he can get his taxes filed and he does not have to pay the taxes that were withheld. The IRS will go after the owners of the business for that. I do recommend however that he use a professional tax preparer to handle the return.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top