Dependent worked several waitress jobs, of course involving tips. One restaurant gave her a w-2 which she says is wrong. Employer added on tips that she says she didn't get. She rec'd pay stubs, showing wages and tips, but she never got a pay check that had any amount on it- always 0. Tips were shown on the paystub, but she didn't look at it. It was very hard to decipher. Mom is upset, says daughter did not make that much in wages and tips. Is there any recourse?
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Well first thing I'd do if I had an incorrect W-2 is ask my employer to correct it. Perhaps the employer meant to report allocated tips rather than including tips in box 1? (Were the tips actually included in box 1?)
If the employer is unwilling to correct it Form 4852 is used when (a) your employer or payer does not issue you a Form W-2 or Form 1099-R or (b) an employer or payer has issued an incorrect Form W-2 or Form 1099-R.
Hopefully they have good documentation to substantiate the corrected amounts on the W-2. Bank statements showing the deposit amounts where the deposit amounts don't include the amount shown as tips for example. -
If it was a large employer, they are REQUIRED to use "Allocated Tips"...which is different that any tips she supplied to the employer.This post is for discussion purposes only and should be verified with other sources before actual use.
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