No forms to file

[user17580490076]

What do I do if my boss doesn’t give me my tax forms to file?

[evelynm]

If you have asked your employer for your W-2 to no avail I would check with the IRS by getting your transcript to see if your W-2 was reported to the IRS.  Here is the link:   IRS Transcript 

If the W-2 is on your transcript you can use that to prepare your tax return accordingly.   You may need to contact your applicable state website for the state information.

You may need to contact the IRS directly if it is not listed.   You can call the IRS at 800-829-1040.  Provide details such as your name, address, Social Security number, and phone number, as well as your employer's information and dates of employment.  An estimate of your wages and federal income tax withheld, which can be found on your final pay stub.  The IRS may contact your employer to request the missing form.

You can use Form 4852, Substitute for Form W-2, with information from your last pay stub if you have that available to prepare your tax return.

[VolvoGirl]

Did your boss take any taxes or deductions out of your pay?   Did you get a W2 last year for 2023?   He may be paying you as an 1099 independent contractor instead of an employee.   

[user17580490076]

I have a w2 but not for the entire year. He stopped using payroll and started paying me cash and taking out tax. He said he would give me the independent contractor form but hasn’t. I keep asking but he always have excuse. I don’t know what else to do. I since left the job and he still owes me 3 weeks pay. 

[user17580490076]

I have a w2 but not for the entire year. He stopped using payroll and started paying me cash and taking out tax. He said he would give me the independent contractor form but hasn’t. I keep asking but he always have excuse. I don’t know what else to do. I since left the job and he still owes me 3 weeks pay. I never been through this before

[evelynm · Accepted solution]

You may need to file a wage claim in your state for the unpaid wages.   If you contact your employer to let them know this is next step hopefully this will facilitate the back pay along with the proper reporting of your wages. There are community organizations that may be available to help with this process depending on your state.   Typically, if your employer changed to cash and said they are taking taxes out as an independent contractor that may not be likely.   As a 1099 contractor, you're responsible for your own taxes—no one withholds them for you so this seems a bit suspect.

Here is a link for the Department of Labor Workers Rights which provides further information:   Department of Labor