Legal Question in Tax Law in California

My job did not include the last pay period of the year on my 2009 W2's. On 4/15/10 they brought this to my attention. They suggested that the new book keeper would amend my tax files free of charge. My husband & I wanted to have them amended by our tax preparer , however there price is $150 . We just don�t feel comfortable having anyone else doing my taxes .. Now they are suggesting that I would have to pay for the amendment if I want to go outside of there book keeper. Because it was my employers mistake on the w2's, who is leagally responsible for what portion of charges & penalties if any ?


Asked on 4/20/10, 11:23 am

2 Answers from Attorneys
Marcia S Wertenberger Marcia S. Wertenberger, Esq.

It is 100% the liability and legal responsibility of the employer to supply you with an amended W2. Tey have to do this and all he reporting to all the agencies to whic it is sent. I would make a demand that thy pay for you amended tax return to be prepared - send it certifed return receipt AND by regular US 1st class mail include with a written estimte for preparing the amended returns... on thier letterhead for the price to amend your federal and state returns and any other return you may be required to file (I do not know all your circumstances to be able to say - but anything that would have to be amended on any type of reporting document or return (do not let them do it - you have no obligation to release this personal info to a third party does not matter if it is cheaper or free and it is a conflict). Give them 14 days to supply the amended W2 and pay for the CPA and if they do not do either - if they give you amended W2 but they refuse to pay - sue them in small claims court for the cost preparing the returns AFTER you have them done and send a second certified letter (same procedure) with a copy of the bill. Review you states requirements for small claims court and make sure you follow those rules also.

Also sue for any penalties from state or feds and the cost of court fees the process server- certified mailing fees anything other than loss of work to go to court to sue them!

Good luck and if you have another question question I can be contacted by hitting my name inblue below - it will give you my email

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Answered on 4/25/10, 6:55 pm
Ken Koenen, LLM Law Office of Ken Koenen

While everything that Ms. Wertenberged says is correct, do you really want to sue your employer for $150? The amended return is not a re-preparation of your tax return. It merely changes the numbers of your income and any withholding, and everything else remains the same. I am guessing that if they omited the income, they also omitted the withholding, which means that you may own no tax (thus no penalties) and you may even receive an additional refund.

Personally, I would let their person prepare the amendment (they are not required to see all of your tax return ... just the first couple of pages). If there is an amount due, it should be minimal as would any penalties.

I think you would be wasting your time, energy and goodwill with your employer to go the lawsuit route.

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Answered on 4/28/10, 9:54 am


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