To tax professionals: What if your former employer will not issue your W-2 to you.?

Answer 1

There is a defined procedure to follow if you can not get the employer to issue a W-2.

The instructions on Form 4852, Substitute for Form W2, states:

"You should always attempt to get Form W-2 or Form 1099-R from your employer or payer before contacting the IRS or filing Form 4852. After February 14, you may call the IRS at 1-800-829-1040 if you still have not received Form W-2 or Form 1099-R. Generally, do not file Form 4852 before April 15."

After calling the IRS to notify them of the problem you may estimate the figures on a Form 4852. If you have a final paystub then you will not need to estimate... just take the numbers off of the paystub.

If after you file the return you receive the W2 and the numbers differ from what you claimed on the Form 4852 you just file an amended return to correct the numbers.

Answer 2

Use form 4852; which is a substitute W-2. Believe me, the IRS will have a heart to heart with the employer failing to issue a W-2 (and the heart to heart usually costs a juicy fine, too).

Answer 3

Im not a tax professional but my neighbor had the same problem she called the IRS and had her W-2 within 2 weeks

Answer 4

Lot of good answers here, but I wanted to emphasize that you are responsible for reporting all your income to the IRS at tax time, even if you can't get the W2. The IRS will go after the employer, but that does not get you off the hook.

Answer 5

Call the IRS and tell them. They'll contact the employer - that's usually enough to get them moving.

Answer 6

Call the IRS. It's illegal to not issue the w-2 form. It must be issued and mailed to each employee (the last address on file) by February 10th of the following year.

Answer 7

Fire him/her