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Can an employer refused to give you your W2 form ? What should I do about this ?

 
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3 Replies
MaryK4
Expert Alumni

Can an employer refused to give you your W2 form ? What should I do about this ?

If you’re unable to get your Form W-2 from your employer, contact the Internal Revenue Service at 800-TAX-1040. The IRS will contact your employer or payer and request the missing form. Let them know:
 

• your name, address, Social Security number and phone number;
• your employer’s name, address and phone number;
• the dates you worked for the employer; and
• an estimate of your wages and federal income tax withheld in 2016.
 

You can use your final pay stub to figure these amounts.  

 

If, after contacting the IRS, you still do not have your Form W-2, you can file your return by the April due date and use Form 4852, Substitute for Form W-2, Wage and Tax Statement. Try to estimate your wages and withholding as best you can.

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Can an employer refused to give you your W2 form ? What should I do about this ?

No.  Not legally.  They must get it to you no later then Jan 31, 2022.


If you do not receive your W-2 by February 14, then you can use your paycheck and file a 4852 form, but you must follow the IRS rules in order to do so.

[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

**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.**

Can an employer refused to give you your W2 form ? What should I do about this ?

could be your employer is treating you as an independent contractor so you wouldn't get a w-2 but in this case, the company should have issued you a 1099-NEC or 1099-MISC if you were paid over $600.

 

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