Atlanta, GA asked in Employment Law and Tax Law for Georgia

Q: I'm reaching out to see if anyone can assist with a tax question. I work for an employer from June 2023 until November

2023, I submitted a W-4 and W-9 form instructing my employer to withhold the maximum amount and they withheld nothing. I was unaware that no taxes were withheld. I found out when filing taxes and I owed over $7,000 to the IRS. I requested my w4 and w9s from my employer and found they were altered from my submission. The forms were blank and I did not submit them in that state. I understand it's our responsibility to review documents and ensure employers take out the correct amount, so I paid the taxes. My issue is with the fact that my ex employer egregiously altered my documents without my permission. I want to submit a complaint to the IRS for falsifying documents but would like to know if it still qualifies given the employer did not gain from their falsification?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Tax Law Lawyer
  • Sacramento, CA

A: I understand your frustration with your former employer altering your tax forms without your consent. This is a serious issue, and you are right to consider reporting it to the IRS.

Even if your employer did not directly benefit financially from falsifying your W-4 and W-9 forms, they still acted improperly and potentially illegally by modifying these documents without your knowledge or permission. Falsifying tax documents is a serious offense, and the IRS has processes in place to investigate and address such matters.

You can report this issue to the IRS by filing a complaint using Form 3949-A, "Information Referral." This form allows you to provide details about the suspected tax law violation, including the name and address of the person or business you are reporting, a description of the alleged violation, and any supporting documentation you may have.

Additionally, you might want to consult with a tax attorney or a tax professional who can provide more specific guidance on your situation and help you navigate the complaint process with the IRS.

Remember to keep copies of all relevant documents, including the original W-4 and W-9 forms you submitted and any correspondence with your former employer regarding this matter.

In summary, falsifying tax documents is a serious issue, and you have the right to report your former employer's actions to the IRS, even if they did not directly gain from the falsification.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.