The company I worked for went bankrupt and disbanded. Who is responsible for end of year statements like W-2?

Question

I have been refered to 3 different entities already and none appears "responsible" for ensuring former employees recieve the W-2 for tax filing.
Thanks

Answer 1

If the company has completely disbanded, meaning it's no longer "in business at all," then it becomes the responsibility of whomever the owner(s) of the company were. And sometimes, the bankruptcy court might assign a Trustee, who oversees things like this.

If you have your paystubs, your last one should have the needed W-2 info on it. For example, each paystub will show the current pay period's deductions for things like medical, Social Security (FICA), Federal Taxes withheld, etc. And then it should list the running totals for those amount withheld from the beginning of the year until that pay period.

This way, you've got those figures with you. You could always contact the IRS and explain your situation and let them advise you as to what to do. This way, you're getting it "straight from the horse's mouth."

Answer 2

The wheels of bankruptcy often turn slowly. Wrapping up all of the tax filings are part and parcel of the process. The IRS will eventually get their due from all concerned parties. What you SHOULD have done was file a formal missing W-2 complaint with the IRS back in Feb of 2007. The IRS would have assisted you in securing your W-2 or guided you in providing alternate documentation of your income and withholdings. You screwed up badly by not doing that at that time. The IRS most likely has received the wage and tax information from the bankruptcy trustees now and they're looking to you for the taxes that you owe. If the IRS was given accurate information on your wages and withholdings your only real option is to pay what's due. If you have evidence that supports less wages and/or higher withholdings -- such as copies of your pay stubs from that job -- then contact them about recalculating your tax liability based upon the evidence that you have in hand. The IRS letter probably shows what they think that you earned and (hopefully) how much was withheld. If it doesn't, then contact them and ask for a transcript of your account. That will hopefully show what you were paid and how much tax was withheld. If so, use that infomation to file an amended return for 2006. Then set up a payment plan with the IRS to clear your tax debt.

Answer 3

It is the former owners of the company. If a trustee has been set over the affairs of the bankruptcy, the trustees will take care of it. They have until Jan 31 to mail them out. If you don't have them after the first week in Feb, then you should go to the IRS and complain.