My employer doesn't send me my W2 form and I already missed the deadline for filing taxes.?

Question

What should I do to find out how much taxes I owe without having the W2 form? I am now outside of the US. My ex-employer didn't pay taxes for me. They have my address here but even though I aksed them a few times, they never sent me the W2 form. Can I still file a tax form even though I missed the deadline and not knowing how much I owe and how?

Answer 1

You could ask them for it again, but that doesn't sound like it's working very well..

But you say they didn't pay taxes for you. If they didn't withhold anything, sounds like you were classified as an independent contractor, not an employee. If that's the case, YOU are responsible for keeping records of what you made, and any eligible associated expenses.

Do you have any records at all? If so, do the best you can to estimate your income and expenses, and file your return.

If they DID withhold anything, even just social security and medicare, then you were classified as an employee - if that's the case, talk to the IRS - and see if you can turn up at least one of your paystubs showing deductions.

Answer 2

You need to file a return -- if you don't the risk is that the IRS will seek a collection and you may be arrested if you come back to the US. I recommend you search for check stubs from the employer...the check stubs should show wages paid plus the amount withheld. It is a criminal offense for an employer to withold taxes and then not report & remit to the IRS. The IRS will aggressively pursue the employer if this is what has occurred. To protect yourself you should:

1. Pull all of the check stubs you can locate -- at a minimum my hope is you will have the final stub for 2006 and it shows total wages & withholdings for the year
2. Contact the IRS at the number listed on the weblink below -- they will assist you in protecting yourself
3. File your 2006 tax return -- you will be assessed a penalty but if you document everything and send a request for an abatement of the penalty when it is assessed it is likely that the IRS will waive the penalty.
4. NOTE: the IRS does provide a 10% reward for reporting on tax cheats -- ask about this when you speak to the IRS.

Good luck.

Answer 3

Not only can you file but you should. Send in a letter explaining things as you have here along with the name of your employer. Except under a few circumstances your employer is required by law to with hold and turn over your taxes for you (self employed, direct sales are a couple of common exceptions to this rule.)

The IRS will figure your tax bill for you if you can't. If you can figure out how much you owe send it in as well. The IRS will calculate your late payment penalty for you. The IRS may even waive the penalty if you ask and explain your situation well enough.

Answer 4

Since they didn't pay taxes for you, I would think you could just file as if you received pay for your own personal business, but you will have to pay self employment taxes

You should have called the IRS when you didn't get it by the end of February.

You better call the IRS and tell them what happened and see what they want you to do.

You should have filed for an extension. You might have a penalty to pay.

Answer 5

January 31

Answer 6

You need to get a hold of the IRS..tell them all this...you will have to pay taxes....do you have a old check stub???? check if they took out taxes....they will be in real big trouble....IRS dont play around....take any check stubs or anything else your work gave you when you go for your interview....dont worry...your not in trouble....they want your work not you....

Answer 7

contact the IRS- they will have a copy of the employer's record.

Answer 8

Yes, you need to file your taxes. The IRS can help you get your W2. You may not get a W2 because your were a contract employee since they did not take out taxes.

Here is what the IRS says about filing late.

Haven't Filed an Income Tax Return? Here's What to Do

File All Tax Returns

Taxpayers should file all tax returns that are due, regardless of whether or not full payment can be made with the return. Depending on an individual’s circumstances, a taxpayer filing late may qualify for a payment plan. All payment plans require continued compliance with all filing and payment responsibilities after the plan is approved.

Facts About Filing Tax Returns

Failure to file a return or filing late can be costly. If taxes are owed, a delay in filing may result in penalty and interest charges that could increase your tax bill by 25 percent or more.
There is no penalty for failure to file a tax return if a refund is due. But by waiting too long to file, you can lose your refund. In order to receive a refund, the return must be filed within 3 years of the due date. If you file a return, and later realize you made an error on the return, the deadline for claiming any refund due is three years after the return was filed, or two years after the tax was paid, whichever expires later.
Taxpayers who are entitled to the Earned Income Tax Credit must file a return to claim the credit even if they are not otherwise required to file. The return must be filed within 3 years of the due date in order to receive the credit.
If you are self-employed, you must file returns reporting self-employment income within three years of the due date in order to receive Social Security credits toward your retirement.
NOTE: Taxpayers who continue to not file a required return and fail to respond to IRS requests for a return may be considered for a variety of enforcement actions. Continued non-compliance by flagrant or repeat nonfilers could result in additional penalties and/or criminal prosecution. See Filing Late Returns - Frequently Asked Questions.

Getting Free Help to File Late Returns

The IRS offers free assistance by computer, telephone, facsimile and in person. The IRS can assist taxpayers with obtaining forms, publications, and answers to a wide range of tax questions. To find out more about the free tax services available, refer to Tax Topic 101 – IRS Services – Volunteer Tax Assistances, Toll-Free Telephone, Walk-in Assistance and Outreach Programs.

If you are a wage-earner, and have misplaced your W-2 Forms showing your income and income tax withholding, and you are unable to obtain duplicate copies from your employer, IRS can often provide you with that information after the annual matching programs are run. Matching programs are run after filing season, and the information is usually available in late August of the year in which the tax return is due.

If you think your employer did not report your wages, contact IRS for assistance on how to file your tax returns. If you can establish that your employer withheld taxes on your salary (normally by providing pay stubs), you will receive credit for your social security and income tax withholding even if IRS did not receive the withheld tax. If your employer failed to withhold the taxes, you must still file your return.

The Volunteer Income Tax Assistance (VITA) program and IRS e-file joined forces several years ago to bring electronic tax filing to VITA sites. Since then, volunteers prepare tax returns on computers and ultimately transmit them electronically to the IRS. It’s free of charge for individuals of low to moderate income.

Individuals and joint filers whose income exceeds VITA program criteria, as well as businesses (i.e. filing Schedules C and E) should seek professional assistance for return preparation. The “Authorized IRS e-file Provider” database is a nationwide listing of all businesses that have been accepted to participate in the electronic filing (IRS e-file) program.


Documents Required to Prepare a Return

In order for the IRS to assist with preparing a tax return, taxpayers should bring any and all information related to income and deductions for the tax years for which a return is required to be filed. Some of the documents may include:

Forms W-2 – Forms from employers showing wages for the year.
Forms 1099 – Forms from banks and other financial institutions showing interest and dividends. Forms 1099 also report self-employment income.
Information on expenses to claim on the return, such as itemized deductions, child care expenses, or employee business expenses.
Social Security numbers for dependent children and any other person claimed as a dependent
A copy of the last tax return filed.


References/Related Topics

Filing Late and/or Paying Late: Information You Should Know

Free Tax Help Available
Publication 17, Your Federal Income Tax
Publication 334, Tax Guide for Small Business
Filing Late Returns - Frequently Asked Questions
IRS Procedures: General Procedural Questions