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Boston Massachusetts Form IRS W2 2022: What You Should Know

In general, the law requires the Division to take appropriate adverse action under this subsection; however, penalties may be assessed for false statements made in the complaint. (b) The Division will not accept complaints if it can be demonstrated that the person filing the complaint is or was engaged, as an employer or a partner, employee, or otherwise partner, of the person complaining. The Division shall not accept complaints relating to any activity during the past 5 consecutive calendar days for which the person was not subject to penalty in Massachusetts, or, before the effective date of the Division's regulation adopted pursuant to this subsection, within the past 5 months. Complaints shall be filed either online or by mail (see for further information). (d) If there is a discrepancy between the amount of withholding for an employee and withholds paid by an employer, the employer is responsible for the discrepancy and shall make the appropriate adjustments to withholding, the appropriate penalty for filing or not filing the return if required, but in no instance shall the Division allow the employer to correct any tax due. Where there is an issue as to the amount of taxes withheld or an underpayment of tax, the person filing the complaint shall be responsible for notifying the Tax Division and obtaining assistance from the Tax Division in determining the amount due. (e) The Division shall make a determination of the correct amount or the correct penalty of tax withheld, the correct amount of any underpayments, and the correct penalty for filing of the return where the person is or was engaged, as an employer or an officer or partner of an employer, in conduct which constitutes a violation of law. (f) Where there is a discrepancy between the amount of tax withheld or underpayments and the correct withholding, and the employer has reason to believe the discrepancies cannot be reconciled by reasonable calculation, it is the responsibility of the person filing the complaint to notify the Division and request an adjustment to the taxpayer's refund or credit before the date of the determination. The Division shall make an adjustment to the appropriate claim for refund if it considers that an adjustment is appropriate.

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