kenbb
07-24-2006, 12:43 PM
(This is a repeat/update of an earlier post. Since this issue still has not been resolved, and my desparation increased, I thought I'd ask one more time.)
The problem: my former employer deducted federal and state payroll taxes (as well as SSI, Medicare, etc) from my pay, but did not file the payments to either the IRS or the CA FTB. I have called both the FTB and IRS and verified this fact. This employer also refused to provide check stubs with the itemized deductions listed (fwiw, all pay was done through direct deposit). Now, the FTB wants me to pay tax on the amount of income listed on the tax return I filed, since they have no record of any payments made by the employer. And since I do not have any check stubs to prove that the deductions were actually made (note that the FTB does not consider my W2 valid proof), I am liable for the tax, as well as penalties and interest.
Aside from the FTB coming after me for the tax, penalties and interest, the amount witheld from my pay (for taxes) was more that my actual tax due - ergo, I should be due a refund.
I have filed two complaints with EDD concerning this employer: one for payroll tax fraud, the other for running an underground operation. I have tried to get some status about these, but have not been able to get EDD to responsd to my messages. I also tried to file a complaint with DLSE, but they told me that they have no jurisdiction to recoup any of the money deducted from my pay. All they could do was to launch an investigation of the company - this is what EDD was supposedly doing.
I even contacted one law firm, but they came back scratching their heads saying they could not find any legal grounds to bring any type of action against the employer.
All I want now is for my taxes to be paid, and to get my refund. Yet, my only course of action seems to be to wait for the EDD investigations to take their course, and hope that the full amount of money deducted from my pay gets sent to the FTB and IRS.
So, my question is this: is there anything else I can do to ensure that 1) the FTB gets off my back for the taxes, etc; and 2) I get my refund? In particular, are there any other agencies (state or federal) that I can contact about this? Or are there any legal actions I can take against this employer?
As always, any and all help is greatly appreciated.
ken
The problem: my former employer deducted federal and state payroll taxes (as well as SSI, Medicare, etc) from my pay, but did not file the payments to either the IRS or the CA FTB. I have called both the FTB and IRS and verified this fact. This employer also refused to provide check stubs with the itemized deductions listed (fwiw, all pay was done through direct deposit). Now, the FTB wants me to pay tax on the amount of income listed on the tax return I filed, since they have no record of any payments made by the employer. And since I do not have any check stubs to prove that the deductions were actually made (note that the FTB does not consider my W2 valid proof), I am liable for the tax, as well as penalties and interest.
Aside from the FTB coming after me for the tax, penalties and interest, the amount witheld from my pay (for taxes) was more that my actual tax due - ergo, I should be due a refund.
I have filed two complaints with EDD concerning this employer: one for payroll tax fraud, the other for running an underground operation. I have tried to get some status about these, but have not been able to get EDD to responsd to my messages. I also tried to file a complaint with DLSE, but they told me that they have no jurisdiction to recoup any of the money deducted from my pay. All they could do was to launch an investigation of the company - this is what EDD was supposedly doing.
I even contacted one law firm, but they came back scratching their heads saying they could not find any legal grounds to bring any type of action against the employer.
All I want now is for my taxes to be paid, and to get my refund. Yet, my only course of action seems to be to wait for the EDD investigations to take their course, and hope that the full amount of money deducted from my pay gets sent to the FTB and IRS.
So, my question is this: is there anything else I can do to ensure that 1) the FTB gets off my back for the taxes, etc; and 2) I get my refund? In particular, are there any other agencies (state or federal) that I can contact about this? Or are there any legal actions I can take against this employer?
As always, any and all help is greatly appreciated.
ken
