Do I need to file a W-2 if i did not work any hours?

[huggybur87]

My wife is still technically employed as a care giver and she did not work any hours at all in 2021 due to Covid. Would employers still by law need to send a W-2 with zeros on everything or do i just assume no incomed and not file a W-2 for her?

[VolvoGirl]

If she didn't work in 2021 she won't get a W2.  So if a W2 transfers over from 2020 you will need to delete it.  Wait until the end of January and see if you get any forms like W2 or 1099.  They have until Jan 31 to send it to you.  

[xmasbaby0]

You can still file a joint return even if your spouse had little or no income for 2021.

If you were legally married at the end of 2021 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,100 (+$1350 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

[huggybur87]

Sounds good. the "gotcha" factor that i was unsure about is she is still technically employed. she just did not work any hours at all thus earning zero dollars in 2021. just wasn't sure if the IRS will flip out if we didnt formally file a zero dollar W2. just assumed we file nothing for her employer

[xmasbaby0]

The IRS is not going to "flip out"----the IRS only knows if the employer issues a W-2 because they get a copy from the employer.   The IRS does not care if she is still "technically" employed.   They care if she received taxable income.  You cannot file a "0" W-2---that will just cause errors for you when you try to e-file.   You delete that employer from the software if there is no W-2 for 2021 for that employer.

[Opus 17]

You don't "file" a W-2.  You file a form 1040 tax return.  You list on your tax return, all your income, which might include W-2s from your employers.  Generally, if someone does not actually work, they won't get a W-2, even if they are "on the books" as an employee.  If no W-2 is issued, the IRS wont be looking for it and it's perfectly ok to have a W-2 last year and not this year.  

However, there can be rare situations where an employer must issue a W-2 for certain taxable fringe benefits if the employee is covered by those fringe benefits, even if they didn't work any hours.  It will be best to wait and see if a W-2 is issued, before filing your tax return.