IRS dosent have my w2

[jcasper01]

Second yr now my new employer has not sent in my w2 or sent in correctly. Last yr because of it I was audited and just got 2018 check 3 weeks ago. I had to get a tax advocate to help me. 

Well this is the second yr and ive called the irs twice now. The first lady was no help the second lady said I might need to file a 1040x. Can someone help me or tell me who to talk to, because talking to them is a joke you never get the same answer NEVER!

[macuser_22]

Why hasn't your employer sent the W-2 information to the IRS?   Have you talked to the employer?  Has the employer sent the tax withholding and Social Security withholding to the IRS and SSA?

Nobody other than a tax advocate or tax attorney, who is  your legal representative, can intervene with the IRS on your behalf.

[jcasper01]

We use an account to do everything.  The account has been fired and we are now in the process of turning everything over to the new account.  In the mean time I'm lost in this shuffle 

[macuser_22]

If your employer has NOT sent the W-2 information to the IRS, that is required by law, then the IRS is correct to hold your tax return.  Perhaps you should consider working for an employer that follows the tax laws.   If this happened to you then probably it has happened to other employees also.  Your state department of labor might be of assistance.  The IRS can also levy fines against the employer.

[Paraphrased from IRS rules]
Can you file without having received your W-2? Yes, but only if you have not received it by the end of February, and you have contacted your employer and attempted to obtain it, and you still have not received it then you contact the IRS (see the link below), then if the IRS is not successful in getting your W-2, you can use form 4852 in place of your W-2. But you MUST speak to the IRS before doing so. Otherwise, you cannot file before you receive your W-2.

https://www.irs.gov/newsroom/irs-can-help-taxpayers-get-form-w-2-0

[jcasper01]

I agree with the leaving part. The problem is the accountant we have. They fired him and we are getting a new one. I have my w-2 I had one last yr as well. The problem is ssa never received it and they send over to the IRS.  After a yr of going through hell I finally got my refund.  We chalked it up to a glitch.  But now that this has happened a second time my employer let the account go. Not just because if this but other things he has done wrong fir the company.  This was just the deciding factor. 

[macuser_22]

---

@jcasper01 wrote:

I agree with the leaving part. The problem is the accountant we have. They fired him and we are getting a new one. I have my w-2 I had one last yr as well. The problem is ssa never received it and they send over to the IRS.  After a yr of going through hell I finally got my refund.  We chalked it up to a glitch.  But now that this has happened a second time my employer let the account go. Not just because if this but other things he has done wrong fir the company.  This was just the deciding factor. 

---

If never sent to the SSA then your Social Security account is not being credited for your SS withholding and that WILL make a difference when you retire. 

Then there is the question of what happened to the money that was withheld and not sent to the IRS or SSA to be credit to your account.   Who has that  money?   It sounds like there might be criminal theft or embezzlement and not just ineptitude.  You might want to get the state labor dept or authorities involved, particularity if several employees are involved.