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April 4, 2020
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Form 4852 - Calculating Line 7 Withholding without Pay Stub, Calculating Line 8 (Form 1099-R) as well

  • April 4, 2020
  • 1 reply
  • 34 views

I never received my W-2 from my employer. His reason for not sending it is that his payroll company (Heartland Payroll) never gave him the W-2s because of his personal debt to them.    I waited the ascribed amount of time and never received it. I then called the IRS and received the FORM 4852 but I have no pay stubs and I am locked out of my account on Heartland Payroll.

Fast forward a few weeks: I managed to work out the amount of gross income by taking the hours worked on my “timekeeping receipts” and multiplying them by my hourly wage. However I have no idea how to calculate my withholding (recently tried the IRS withholding calculator but it is asking for suspected future wages for 2020?).

I do not have any pensions, IRAs etc so the total amount for line 8 would be $0 correct?

What is my next step? Thanks for the help!

 

Best answer by macuser_22

Try the IRS wage and income transcript to see if the withholding was given to the IRS.

https://www.irs.gov/individuals/get-transcript

 

If either the employer of payroll company kept the withheld tax then they probably broke several laws.  You can also talk to the IRS.

 

Your state labor department might also be able to help. 

 

I am not an attorney, but I do not think it is legal for a payroll company to hold employees W-2's hostage because they were not paid by the employer.  You  might want to talk with the local district attorney about possible criminal charges.

1 reply

macuser_22
Alumni - Champ
Alumni - Champ
April 5, 2020

Try the IRS wage and income transcript to see if the withholding was given to the IRS.

https://www.irs.gov/individuals/get-transcript

 

If either the employer of payroll company kept the withheld tax then they probably broke several laws.  You can also talk to the IRS.

 

Your state labor department might also be able to help. 

 

I am not an attorney, but I do not think it is legal for a payroll company to hold employees W-2's hostage because they were not paid by the employer.  You  might want to talk with the local district attorney about possible criminal charges.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**