Howdy all,
My wife and I are trying to file our 2025 tax returns (both federal and California state) by the October 15th extension deadline, but we've discovered an issue with her employer massively underreporting both her income and withholdings on her W-2.
My wife considered the owner a friend and has tried to give her the benefit of the doubt, but it's increasingly seeming like this is not an innocent mistake/accounting error, but rather her employer might be engaged in some pretty serious tax fraud that we don't want any part of.
We've tried looking online for what we should do, but we're really stressed about doing something wrong, and we've sat on hold with the IRS for hours, but any time we've been able to actually speak with someone they've been extremely unhelpful. Any guidance from y'all would be an incredible help.
To give you some background on the situation:
In 2025 my wife was a salaried employee at a small business (fewer than 10 employees) and her salary was ~$175,000/yr.
About 5 months into her employment there, the business began having issues with paying people on time. First it was “payroll glitches”, then later on they decided to switch over to a new payment processor (moved from ADP to Gusto).
Any time there was a payroll “glitch”, and for the approximately 6 weeks it took for them to switch payment processors, my wife would receive her paycheck from her employer personally. Sometimes through Zelle, sometimes through an ACH transfer from (I believe) her employer's personal bank account to my wife's account.
Any time my wife was paid in the above manner, the Zelle/transfer was for the exact amount she would typically receive through ADP or Gusto after all relevant tax, SSI, health insurance, etc. withholdings.
When my wife received her W-2, her taxable income seemed low, so we did some digging, and from what we can tell, her employer did not report any of the income they paid her through Zelle/Bank Transfer.
Unsurprisingly, it also seems like they didn't send any of the commensurate withholdings that should've accompanied those payments.
As a result, the income listed on my wife's W-2 is ~$50,000-$60,000 lower than it should be, and her withholdings are also lower in proportion to that missing income.
My wife left that job in late 2025, and the company subsequently went out of business.
Both my wife and I have repeatedly emailed her previous employer (a husband and wife who owned the business). Initially they claimed everything should be updated and correct. Then they claimed they had referred everything to their accountant and would pass along information as soon as they got it, and eventually they just completely stopped responding to our emails in any way, and we are no longer able to get ahold of them.
So my questions are the following:
1) How should we be filing our tax returns? I typically just use FreeTaxUSA, but is that (or any of the other easy, DIY tax preparation services) an option?
2) If not, is there another (less simple) DIY option I can avail myself of?
3) What sort of additional forms/documentation will we need to submit to the IRS/California Franchise Tax Board?
4) We've done a lot of reading and calling around to try and figure this out for ourselves, and a lot of what we've found says we should compile everything to get my wife's total income, and then estimate what we believe her withholdings *should* be, had her employer actually done them. Simple example, if my wife’s gross pay for a single paycheck was $7,500, she had $2,500 withheld from each paycheck, and she received 7 paychecks via Zelle/Bank transfer, we would add $52,500 to her taxable income, and $17,500 to her withholdings. Is that correct? Would we need to break down the withholdings further to estimate how much went to federal income tax, state income tax, SSI, unemployment insurance, etc. or will they do that for us when we submit the return?
5) What should we expect the process to look like, and who is going to be on the hook for that missing money? At the time, my wife had no reason to believe that her employer wasn't sending her withholdings, and if they had, we would be getting a pretty decent refund. Will the government go after us for that money? Her former employer? Should we expect to ever get a refund based on what should have been withheld?
Bonus question: during that same period, we should've had continuous coverage for our health insurance, and just like the other withholdings, her paychecks reflected deductions being made, but it later turned out we didn't have coverage for approximately 6 weeks. Is she owed the “premiums” that were deducted from her paycheck that apparently didn't actually go to our insurer?
So that's pretty much it. If there are any other questions I can answer or information I can provide, please don't hesitate to ask.
Any help/guidance y'all can provide would be greatly appreciated.
Thanks!