Monday, March 1, 2010

CAN’T GET A W-2

I want to file my return but I can’t get a W-2 from a company that I worked for earlier this year. What now? I think I should get a refund and I could really use the money.

Marty

Marty, sorry for the problem. By law, employers have until February 1, 2010 to send you a 2009 Form W-2 earnings statement. Here is what I suggest.

The first thing to do is to contact your employer to inquire if and when the W-2 was mailed. If it was mailed, it may have been returned to the employer because of an incorrect or incomplete address.

If that does not work, go ahead and file your tax return. There is a form for you to fill out to report the estimates of your income and withholding - Form 4852, Substitute for Form W-2, Wage and Tax Statement. Attach Form 4852 to the return, estimating income and withholding taxes as accurately as possible. My experience is that there will most likely be a delay in any refund due while the information is being verified.

If you do talk to your prior employer and he says that he is not going to provide a W-2 for some reason, make sure that he or she understands that you are going to file a substitute form that may expose him to an IRS audit.

Good luck.

Larry Kopsa CPA