The employer is required by law to provide accurate tax documents for themselves and their employees. 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.
If your employer doesn't comply, you can file a conventional paper return that includes IRS Form 4852 if all efforts to obtain a W-2 or corrected W-2 from your employer have failed.
Here's how to fill one out:
- Open your return and search for W-2. Select the Jump to link in the search results to get to the W-2 entry screen.
- Fill out your W-2 as best you can using the information from your last pay stub.
- Answer any questions until you get to the Let's check for uncommon situations screen.
- Check the box next to Didn't get a W-2 and select Continue.
- On the Let's check if you need a substitute W-2 screen, select Yes then Continue.
- Answer the follow-up questions. Select Print to download and print your IRS Form 4852.
Note: There may be a delay in any refund due while the information is verified.
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