Can an employer send you a W2 that claims they paid you more than you were actually paid and claim taxes were paid even though no taxes were taken from paychecks?

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Can an employer send you a W2 that claims they paid you more than you were actually paid and claim taxes were paid even though no taxes were taken from paychecks?

Asked on January 25, 2016 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they can't: this is, in a word, tax fraud; and it is tax fraud that directly affects and impicates you. You may be owed tax payments to be made on your behalf; and you do not want to use a fraudulent W-2 as the basis for your own taxes, since if you use what you know to be an inaccurate W-2, you will yourself be committing a form of tax fraud. You should retain an attorney to help you understand and deal with this situation; preferably, a tax lawyer who also handles tax disputes and litigation.


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