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 » From: Coral Springs Dear TaxMama: How do i obtain my W-2 from an employer who refuses to give it to me. What steps do i take to make sure i get it? Colleen Dear Colleen, Whoa girl! It's the beginning of January. People are still closing their books. Most companies don't have payroll reconciled this early. They still have to see their bank statements. Why doesn't this person want to give you a W-2? What you do will depend on his reasons for holding back. Is he just not done preparing them, and you're fussing a bit too early? If he's not done yet, just wait. He isn't obligated to mail them out until January 31st. Or this year, Februarry 2nd, since the 31st falls on a weekend. The more people that call, asking "where's my W-2?" the longer it will take them to get it done. So back off. Is it personal (just you), or is he not preparing them for anyone? Did he take withholding from your paycheck. but didn't bother to send it to IRS and the state? If he's not preparing them for anyone, or he never paid the money in .... then, my friend, you have some issues. Use your last paystub and fill in a Substitute for W-2 form, Form 4852. Make sure you write on the form that you tried to get it from him (day and time would help) and he refused. That should attract some audit attention. You'll find more information here about how to use it here. Once you've passed the middle of February, you can stop being patient and use the 4852. But, please, wait until them. Just in case your employer really is being a difficult, I did call IRS to see if they could tell me something I don't already know about this. But, no, they don't have any procedure to force an employer to send you a W-2, even if you turn him in. Of course, there are penalties they can charge, but those are minor. Best wishes, Eva Rosenberg Your TaxMama <Emily Tells us> I wanted to thank you for responding so quickly. And to say that,my daughter and I are doing great. She is now 5 1/2 months old. She was my 4th pregnancy and my first little miracle. I also know that they considered me on disability while I was pregnant so your response helped a lot.  |
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