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Arjun Patel

Why is my CPA requesting Power of Attorney after IRS claims no W-2s were submitted?

I worked for a small business (only 7 employees total) from 2019 through most of 2023. During this time, I never had any tax issues whatsoever. Last year they terminated my position and gave me a decent severance package, but they withheld an ENORMOUS amount for taxes - almost 45% of the total payout went to withholding! When I filed my 2023 taxes this February, I was surprised to see a much larger refund than I expected. After looking closer, I realized it was because of the massive withholding from my severance. Then last week, I got a notice from the IRS saying they couldn't verify my reported income. I called them and the agent told me that my former employer (ABC Company) hasn't submitted ANY W-2s for me to the IRS for the entire period I worked there (all four years)! I immediately contacted the company's CPA thinking this was just a minor error that needed fixing. His response was weird - he said "sometimes there's confusion with the Social Security Administration" and then asked me to sign a Power of Attorney form so he could "sort out" whatever is happening. This seems fishy to me. Shouldn't he be able to just submit the proper documentation to the IRS without needing a POA from me? Is this a standard practice or should I be concerned? The whole situation is making me nervous.

Jade Lopez

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Tax professional here. This situation is definitely concerning. When an employer fails to submit W-2s to the Social Security Administration (which then shares them with the IRS), it's a serious compliance issue. While there can occasionally be processing issues between SSA and IRS systems, it's highly unusual for this to happen across multiple years. The Power of Attorney request is particularly worrisome. A company CPA would not typically need a POA from you to address their own filing obligations. The POA (likely Form 2848) would give this person legal authority to represent you before the IRS and potentially make decisions affecting your tax situation. I strongly recommend you do NOT sign this POA. Instead, you should: 1. Contact the IRS directly and request a wage and income transcript for those years 2. Consider hiring your own tax professional to help navigate this situation 3. File Form 8919 "Uncollected Social Security and Medicare Tax on Wages" if your employer failed to properly report your wages The fact that this spans multiple years suggests this might not be an innocent mistake but potentially intentional non-compliance by your former employer.

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Tony Brooks

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Would the former employer not submitting W-2s mean they possibly weren't paying employment taxes? Could the OP be on the hook for taxes that should have been withheld? I'm curious because I had a somewhat similar situation years ago.

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Jade Lopez

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Yes, this could indicate the employer wasn't properly paying employment taxes, which is a significant violation. The IRS typically pursues the employer for unpaid employment taxes, not the employee. If the employer withheld taxes from your paychecks but didn't remit them to the government, that's a very serious issue. The IRS generally doesn't hold employees responsible for taxes that were withheld but not paid. That's why filing Form 8919 is important - it helps establish your position as an employee who had taxes withheld, protecting you from potential liability.

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Maya Diaz

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Whatever you do, DO NOT sign that Power of Attorney! I worked as a bookkeeper, and this sounds like your employer might have been pulling some shady business - possibly treating you as a contractor while paying you as an employee or worse. The fact that they're asking for POA makes me think they want to handle this without you knowing exactly what they did. When I had a similar issue trying to reach the IRS, it was impossible to get through on the phone until I found https://claimyr.com which got me connected to an actual IRS agent in about 20 minutes instead of waiting for hours or days. You can see how it works at https://youtu.be/_kiP6q8DX5c - it's basically a service that navigates the IRS phone tree for you and calls you when an agent is available. I needed to speak directly with someone at the IRS about my wage verification issue, and this was the only way I could actually get through.

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Haley Bennett

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The CPA's behavior sounds super suspect. As a payroll specialist, I can tell you that an employer not filing W-2s for 5 YEARS is not a "mixup with the SSA" - that's deliberate non-filing. Ask yourself: Why would the CPA need YOUR authorization to fix THEIR filing error? They wouldn't! My guess is they weren't paying employment taxes and now they're in deep trouble with the IRS. They want the POA so they can potentially negotiate with the IRS on your behalf in a way that might protect them more than you. Don't sign anything! Get your wage transcripts from the IRS directly (you can request them online), and consider reporting them for tax fraud if the records show they were withholding taxes but not remitting them.

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Arjun Patel

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Thanks for this insight! The situation was definitely giving me red flags. I've requested my wage transcripts online as you suggested. Is there anything else I should be gathering to protect myself? I still have all my pay stubs and my copies of the W-2s they gave me each year.

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Haley Bennett

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Definitely keep all those pay stubs and W-2 copies in a safe place - they're your evidence that you were paid and taxes were withheld. Take photographs or scans of everything as backups. Also request your Account Transcript from the IRS, not just the Wage and Income Transcript. The Account Transcript will show if any taxes were credited to your account from withholding. If your pay stubs show withholding but your transcript doesn't show those payments, that's clear evidence your employer withheld but didn't remit the taxes.

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Not sure if anyone mentioned this yet, but you should file Form 3949-A with the IRS to report your employer for suspected tax fraud. Not filing W-2s for multiple employees over multiple years is almost certainly intentional - they were probably pocketing the tax money they withheld from your paychecks. That's theft!

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Nina Chan

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Is filing that form anonymous? I'd be concerned about blowback from reporting a former employer, especially if they're already doing shady stuff.

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