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kay_bmx26
New Member

My daycare provider said they are going to hold some of the w-2 forms for childcare credit until they receive more of a payment. Is that legal

 
4 Replies
xmasbaby0
Level 15

My daycare provider said they are going to hold some of the w-2 forms for childcare credit until they receive more of a payment. Is that legal

The daycare provider does not give you a W-2 unless you work as an employee there.  They are supposed to give you a statement that shows what you paid in 2019 for childcare.  But do you still owe them for 2019?  That is why they are holding back your statement.  You did not really pay what you should have paid in 2019.  Were you planning to say that you paid it all on your tax return even though you did not pay it?  Ask them for a statement that shows what you actually did pay in 2019--that is all you can claim for the childcare credit.

 

And....

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https://ttlc.intuit.com/questions/4124827-how-do-i-connect-with-a-tax-expert-in-turbotax-live

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Anonymous
Not applicable

My daycare provider said they are going to hold some of the w-2 forms for childcare credit until they receive more of a payment. Is that legal

you don't get W-2 forms unless you worked for them.  withholding these forms past 1/31.2020 would be illegal.  the question as to other forms they would issue  are outside the tax laws.  so these legal questions so be referred to an  lawyer

Carl
Level 15

My daycare provider said they are going to hold some of the w-2 forms for childcare credit until they receive more of a payment. Is that legal

If you are not an employee of the daycare provider, they will not issue you a W-2. If you are an employee, then by federal law they are required to issue the W-2 not later than Jan 31st. Period. There are no exceptions for that.

If you are a client of the daycare and have not paid fees due for 2019, paying them now will NOT help your 2019 tax situation. They are required by law to provide you a statement that provides their EIN along with the amount you actually paid them in 2019. If they don't, simply send them via certified mail, return receipt required (not requested) an IRS Form W-10 which you can get at https://www.irs.gov/pub/irs-pdf/fw10.pdf

If you send it after Jan 31, they have 10 days to respond. If no response then you can file without it. But you won't be able to e-file. You'll have to print, sign and mail the return to the IRS along with proof that you made a concerted effort to get the EIN.

The debt you may owe the daycare is not a tax issue. It's a legal issue and if they so choose they can refuse to provide you future services with no notice, as well as take legal action in small claims court for the debt you may owe.

 

NCperson
Level 15

My daycare provider said they are going to hold some of the w-2 forms for childcare credit until they receive more of a payment. Is that legal

you are only permitted to claim what you actually paid in 2019!!!!  so paying the back payments now is not going to effect 2019 in any event. 

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