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Asked 5/23/2010

The wages of the individual were listed as less then the full wage on the W2 form.

I know that this individual has had his monthly wages garnished for a debt due to co-signing for his daughter-in-law's purchase of a van. (the D-I-L has since sold the van, filed bankruptcy and left town, so the father-in-law is left with the debt.) Yet, on his W2, the only thing marked is in the box labeled 12a code D for the amount of 1257.80. This makes his wages be less than they actually are.

When using the dropdown menu for codes involved with 12a, it says that D means 401k elect deferral. But the man had his wages GARNISHED, not put into a 401k. Is this how a garnishment is shown on a W2 form?

Which wages does he claim on his Federal taxes?

 
 
 
 
 
Answers

Answer 1/1 - Submitted 5/23/2010

Garnishment doesn't show on a W-2.

Unless the garnishment is for state income taxes, the garnishment will have no effect on an individual's tax return. (And the state income tax, only if the taxpayer itemizes their deductions.)

The person's full wages (after allowable pre-tax deductions like 401(k)) are shown on the tax return.

I suspect your person still participated (for part of the year, perhaps) in the 401(k). Use the box 1 amount as usual. Perhaps he still has some pay stubs, which might show both garnishment amount and retirement ... ?

And if the W-2 is incorrect, the employer needs to issue a corrected one.

 
 
 
 
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