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kweise1
New Member

Can an employer refuse to issue an amended W2? W2's show income in MN, WI & OR. Worked in MN, WI and NE. When asked to be corrected, was told no & to file the way it is.

If I file the way it is, which is incorrect, won't this come back to haunt me in the long run?

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1 Reply
cbgrinder
New Member

Can an employer refuse to issue an amended W2? W2's show income in MN, WI & OR. Worked in MN, WI and NE. When asked to be corrected, was told no & to file the way it is.

Don't file using the incorrect W-2 because it can, as you noted, come back to haunt you.  The employer is required by law to provide accurate tax documents for themselves and their employees.  What it boils down to is that you can call the IRS at 800-829-1040 and have them issue a W-2 complaint to the employer.  The IRS will send a letter requiring that they reissue a correct W-2 within 10 days with a penalty for failure to comply.  The IRS will also send you a letter and a form 4852 which you fill out with the correct information if the employer still fails to comply.  Form 4852 is a substitute for a W-2 used by you to provide necessary tax info.  You'd also attach the incorrect W-2 and a notation as to what part is incorrect.

Here's a link to the solution:

https://www.irs.gov/faqs/irs-procedures/w-2-additional-incorrect-lost-non-receipt-omitted/w-2-additi...
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