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What if Your Employer Refuses to Give You a W-2?[size=13.333333015441895px][size=13.333333015441895px][size=13.333333015441895px]By Kerry Zias, eHow Contributor
[size=13.333333015441895px][size=13.333333015441895px]![]() Tax returns must be filed on time even if there's no W-2.
Federal tax laws require employers to withhold income tax and social security tax from the periodic wage payments given to their employees. This information, along with a total of all gross earnings, has to be reported to the [size=15.333333015441895px]Internal Revenue Service![]() after the end of each tax year. This reporting is done by completing and filing a W-2 form for each employee, with a copy going to each individual employee. [size=13.333333015441895px]Other People Are Reading
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- W-2 Form
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Anyone who has earned wages is required to complete and file an annual tax return with the IRS. A required supporting document for the return is the employee's W-2 form, which is supplied by the employer. The W-2 form provides information necessary to complete the return, regarding gross wages and tax withholding. An employer is required to send the employee the W-2 by January 31 for the prior tax year. However, the employee is legally required to file his tax return on time, with or without the W-2.
Assistance from IRS- [size=13.333333015441895px][size=13.333333015441895px]
The IRS does not like to process a tax return without a W-2, so it offers assistance to taxpayers who have not received their W-2 by February 15. The employee must provide the IRS with his full legal name, [size=15.333333015441895px]social security number![]() , full address and phone number. He must also provide the employer's legal name, full address, contact person, phone number, dates of employment and an estimate of gross wages paid and deductions made. This last piece of information can come from the last paystub of the prior year. The IRS will try to contact the employer and rectify the situation. If no W-2 is received before April 15, the taxpayer will need to file his return using a substitute form.
Substitute Form 4852- [size=13.333333015441895px][size=13.333333015441895px]
To allow the taxpayer to fulfill the requirement of filing a return on time, the taxpayer can use Form 4852 as a substitute for the missing W-2. This form is available from the IRS. The IRS will only allow the use of this form if the taxpayer has tried to secure the W-2 from the employer and has also reported the situation to the IRS. The taxpayer must supply as much detailed and accurate information as possible regarding amount of wages paid and amounts withheld. A tax return with Form 4852 must be processed manually, which precludes the use of electronic filing, so it will delay processing.
Received 1099 Form- [size=13.333333015441895px][size=13.333333015441895px]
Sometimes an employer will refuse to give the employee a W-2 because a 1099 form was issued instead. A 1099 form is used to report the [size=15.333333015441895px]earnings![]() of independent contractors and not for a legally recognized employee. In this case, the employee can complete and file a Form SS-8 with the IRS. This form will allow the IRS to legally classify the taxpayer as either an employee or independent contractor. The IRS will also require the employer to fill out this form, which often will induce the employer to issue a W-2.
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Read more: [size=13.333333015441895px]What if Your Employer Refuses to Give You a W-2? | eHow.com [size=13.333333015441895px]http://www.ehow.com/info_12125013_employer-refuses-give-w2.html#ixzz2LscEQ0iq
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发表于 2013-2-24 20:56:39
