IRS issue

T

tammy2

Registered Users (C)
This is a friend mine who is working one of big four in Indian software arena came here to US in 2002. Filed his tax in 2003 as a single. In 2003 his wife and kid came to US. So this year he will be filing Married and with a kid. As he was deducting still as single, he expects good return from the IRS.

His company is now telling him that he is not entitled to get the refund. It is company's money. He is working on fixed amount. So they are not going to issue W2. He is on the H1 here. How should he handle the situation? How to get this money.
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Vaporizer
 
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Though its good to have W2 to file the tax return. But if he does not have it. He can use his last pay stub for year 2003. Thats should have all the numbers he will need to file the return.
If he wants he can complain to IRS about his company that they are not giving him W2. But its upto him.

Check out this link for IRS site.

"http://www.irs.gov/faqs/faq1-15.html"


Hope this helps.
Rajiv.
 
Originally posted by tammy2
His company is now telling him that he is not entitled to get the refund. It is company's money.
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This is certainly a novel notion - my overpaid taxes belong to my employer?

1. Use the last paystub to file the taxes.
2. Find new employer.
3. Report employer to IRS for failure to provide W-2.

Is this standard SOP for the larger Indian compnaies? I could see this in a fly-by-night shop, but you would guess that the bigger shops wouldn't risk such a step. It's a pretty brain-dead kind of move.
 
Re: Re: IRS issue

Originally posted by TheRealCanadian
This is certainly a novel notion - my overpaid taxes belong to my employer?

1. Use the last paystub to file the taxes.
2. Find new employer.
3. Report employer to IRS for failure to provide W-2.

Is this standard SOP for the larger Indian compnaies? I could see this in a fly-by-night shop, but you would guess that the bigger shops wouldn't risk such a step. It's a pretty brain-dead kind of move.
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you would not believe it. Per my friend last year two companies did this. This year it is third company. The problem is with employees also. When I ask him to some other company he says to me I cannot believe body shoppers. He thinks he is secured because even if goes to India he will have job with company

He would not complain.
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Colorado marijuana dispensary
 
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Re: Re: Re: IRS issue

Originally posted by tammy2
... I cannot believe body shoppers. He thinks he is secured because even if goes to India he will have job with company He would not complain.
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And that's how the problem persists. His loss.
 
Originally posted by GC012002
I wonder if the whole situation violates any DOL and IRS rules and regulations.
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that is i wanted to know. If some one can complain as a third party about these companies.
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xSugarGirlx
 
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Originally posted by tammy2
that is i wanted to know. If some one can complain as a third party about these companies.
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It sure violates IRS guidelines, probably DOL and Immigration if he's on an H-1. You probably could complain anonymously, but be careful. You're about to turn his entire life upside down.
 
This is so much bull. I see these kinds of posts are increasing. While I see Tammy's explanation as to how 'big' companies are getting away by bullying employees on an H1B, I cannot imagine management of any profitable co wanting to do business here in the US be so short-sighted, and risk all kinds of suits for a few hundred $s. All it will take for this whole scheme to fall apart will be one employee, not dependant on the employer (read, no H1B, L1, etc) to be treated this way and the whole game will be over. And if non-visa employees are being treated differently, then besides the IRS, the EEOC will probably be all over this also. Read good-bye doing business in the US of A for the co(s?) in question.

An employer is required by law, to provide an EE a W2 (I quote from the iRS website: "Tax Tip 2004-23, Feb. 4, 2004
You should receive a Form W-2, “Wage and Tax Statement,” from each employer you worked for to use in preparing your federal tax return. Employers must furnish this record of 2003 earnings and withheld taxes no later than Feb. 2, 2004 (if mailed, allow a few days for delivery)."

Once you have your W2, I don't see any place where an employer comes into the picture - you file your 1040, and that's it. Your employer cannot claim a need to see your 1040 - you can have deductions on it, that they cannot claim they have a right to know about. Thus, the employer should have no ideas about refunds, if any. What's next? If this guy buys a house and reduces his tax liabilities due to the interest on the mortgage, his company can say that the money belongs to them? You get the idea....

Additionally, Tammy2, if your friend did bring his family over and his company is going to act this way(and he's not going to do anything about it), I would recommend that he also play hardball. On the 1040, he should reduce his standard deduction by filing either as single, or married, filing separately, and not take any child tax credit. That way his employer won't be getting any (or much) money back. :D

K
 
oh these companies

This is what happenned to my friend.

His company didn't issue him W-2. He called zillion times. They still didn't send him W-2. April 15th, poor guy filed for extension, still pursuing for W-2. Finally, called IRS. IRS contacted the company and next day, the company came down to knees and gave my friend all dues and W-2 within a week.

My dear friend, call IRS and also tell IRS, that becos you contacted them there is a chance that your employer is going to be NOT fair to you.

You will be fine and so will all those other employees who work for your employer.
 
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