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

ADDING BACK TO YOUR W-2

As you know, it is necessary to add back to your W-2 the personal use of your corporate vehicle as well as the amount of Health Insurance the corporation paid on behalf of a greater than 2% shareholder and their families.

Here is a link to the letter we sent out to all of our clients regarding this issue: W-2 Add Back.

I CAN'T GET ONE OF MY W-2'S

Larry, I am trying to get my information ready to do my tax return but I can’t get a W-2 from a company I worked for early in 2008. Now what do I do?

Jerry

Jerry, I am sorry that you are having problems. You did not mention if the company is out of business or if they are just not following the law. You should have received a Form W-2, Wage and Tax Statement by February 2, 2009.

Here is what we advise people that can’t get their W-2:

1. Contact your employer. If you have not received 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 the employer because of an incorrect or incomplete address. Tell your employer that you have been advised to contact the IRS if you do not receive the form. That usually triggers their attention.

2. Contact the IRS. If you still do not receive your W-2, 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; and
• An estimate of the wages you earned, the federal income tax withheld, and the period you worked for that employer. The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible.

3. File your return. You still must file your tax return on time even if you do not receive your Form W-2. If you have not received your Form W-2 and have completed steps 1 and 2 above, you may use 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. There may be a delay in any refund due while the information is verified.

Form 4852 is available on the IRS Web site, www.irs.gov or by calling 800-TAX-FORM (800-829-3676).