My x employeer won't give me my W 2 form. Who do I contact to get this from her?

Question

I've called her numerous times, sent registered letters, etc. Please help!!

Answer 1

This happened to me. If you do not receive a form from your employer, you can file an IRS substitute W-2 form on your own, using the information from your records.

The form is called Form 4852: Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.

Then the IRS will take it from there.

You can use this form for any of the missing documents in the title of the form.

I had exhausted all legal means of getting the W-2 from my employer. He refused to respond to my tax accountant, my attorney, etc.

I called the IRS, and the very helpful representative advised me to use Form 4852. (By the way, the IRS won't undertake any action against your employer simply because you call them and say your employer didn't provide your W-2. They will require you to send in this form.) Worked like a charm. Here's a link to the form:

Answer 2

I am going through the same thing myself. I have been calling for two weeks and been getting jerked around. Then today the "manager" was really rude and said they did there part and sent them out and I needed to do mine to track it down. Anyway I called the IRS. They said if your try to contact the employer about getting them and they still won't send it then the IRS is the place to go. As a result they are sending them a letter saying they have 10 days to get them to me. If they still won't the IRS has some other kind of form to allow you to file, but if they don't want to get audited they will respond.lol. So just look up the number sorry I didn't right it down. And make sure you have the employers address. Good luck

Answer 3

I'm not sure what you mean by "won't give" them to you. Are you saying that the employer has refused to issue them, or or are you saying that the forms were mailed to you and you have not received them?

You say you have called numerous times AND sent registered letters. This sounds a little off to me.

The first time you called, you should have been referred to someone in the company who can take the relevant information. That would be your name, and your current address ( I am assuming that you have moved, quite a distance in fact, by the fact that you did not stop in, and that you sent registered letters). This information should then have been passed along to the payroll department/contractors, who are the agency issuing the W2.

Likely, the situation went like this. All current employees of the company were issued their W2. All previous employees had their W2 sent to the address of record. Likely, you failed to update your address, and your W2 was sent to your previous address. At that point, it was forwarded, returned, or the current resident of your old address has the W2.

If you call your former employer and they do not take the current information or foreword you to the correct department, then you may have to take some of the more drastic legal actions suggested by the other posters. Be prepared to possibly pay a small fee for a replacement form, however.

Answer 4

If by chance you still have your final paystub, you can have your tax person or you can do this yourself, create a substitute Form W-2. It is perfectly legal if you use the final figures from your last stub. You may not end up having all of the information that you need, but I think there is a way to note on the form and a reason as well. If all else fails and you really want to teach this employer a lesson, drop a dime and call the irs or state and turn them in for failure to comply with the law.

Answer 5

Sounds like you've done all you can with the employer. Now you need to worry about you.

If you don't want to mess with calling the IRS, just use the information on your last pay stub for 2006 to get all the info. You will need to file a separate form for the missing w-2, but if you have the information, you're covered.

If you do not have your final stub, then you'll need to call the IRS and get them involved. If I remember correctly, I went to the L&I office for help when dealing with an employer who had gone bankrupt.... if nothing else, they can point you in the right direction.

Hope you find what you need!!!

Answer 6

If she does not comply with giving you your W-2 form you may contact the IRS. they may have a record of your W- !0 form. Really all you need is your last paycheck stub from the end of the year. That usually has mostly all your information of what you have filed for deductions for the entire year. However, if your tax consultant prefers your W-2, W-10 form then I would suggest that you speak to the supervisor that is over that person or a company representative that is in charge of the district. If that does not work then You have to speak to an attorney on any other measures.

Answer 7

Simply put, she is required by law to relinquish it to you by some means by 31 January. If she fails to do so, she is in violation of IRS tax statutes and can be arrested for such an action. This is unlikely, as she would probably just face some stiff fines. If you worked and payed taxes in, you should have a W-2 of the equivalence.

As it's already been put a few times, I would simply call the IRS. Having a record of the fact that you sent her registered letters would be beneficial to mention to the IRS as well.

Answer 8

Wow! You got a lot of answers! I do the w2's for two companies. Its not easy! I try to get all the numbers to match up with the payroll forms so we don't get a notice from the government. Most of the problems I have are fake social security numbers. Or they are off by only one number. I have had other people come and ask me why their w2, from another company, doesn't seem right. I tell them about Fiscal Years. Some companies don't begin and end in the same year. Some companies don't give w2's. They give 1099-MISC. If you get a 1099-MISC, YOU pay social security, medicare, federal and state withholding. Lots of people are surprised to hear this. Lots of people fill out their W4 incorrectly. The W4 looks real complicated. But. You don't have to bother filling it all out. All you do is write your name, address, social security number, put yourself down as single with one exemption. There. Done. Each year you get a BIG refund, increase your exemptions by one. Eventually you will get the number of exemptions just right and you wont get a refund, or have to pay taxes. You don't really need a genuine w2. A copy or substitute, or just the numbers, properly labeled, on a piece of paper will do. Don't use your last check stub. Use your last check stub for your companies tax year. Most check stubs I have looked at have the Year to Date figures on them. Go thru each check stub, and when it looks like the YTD figures are starting over again, the previous check stub was the one to use.
Oh yea. Who do you contact? Geting a letter from the IRS is always scary.

Answer 9

You need to call the Labor Board, the employer is aware that the W-2's must be postmakered by the 31st of January not recieved by the 31st. But I would still contact the National Labor Board the phone number is 1-866-667-6572. Or the address is
National Labor Relations Board
1099 14th St. N.W.
Washington, D.C. 20570-0001

Answer 10

Send you x-employer a certified letter (make copies of course) requesting your w-2. If you have not received them within 2 weeks, contact the IRS and they will take it from there. Double check with the IRS (should be an 800 # somewhere!). The same thing happened to me in 1990 and I followed through with what the IRS told me to do.

Answer 11

You should receive a Form W-2, Wage and Tax Statement, from each of your employers for use in preparing your federal tax return. Employers have until January 31, 2007 to furnish a record of 2006 earnings statement either electronically or in paper form. Allow two weeks for 2006 earning statements mailed from employers via United States Postal Service (USPS).

If you do not receive your Form W-2, contact your employer to inquire if and when the W-2 was mailed. If it was mailed, it may have been returned to your employer because of an incorrect or incomplete address. After contacting your employer, allow a reasonable amount of time for your employer to resend or to issue the W-2.

If you still do not receive your W-2 by February 14th, contact the IRS for assistance at 800-829-1040. When you call, have the following information:

Employer's name, address, city, and state, including zip code.


Your name, address, city and state, including zip code, and Social Security number