Can I file with my last paycheck?

[rjs · Accepted solution]

No, you cannot file your tax return until you get your W-2. Your pay stub does not have all the information you need, and the amounts on your W-2 may differ from your pay stub for various reasons. Filing before you get your W-2 is very likely to result in getting a notice from the IRS, and delaying your refund.

Anyway, the IRS is not going to start accepting tax returns until January 29, so there is no point in trying to file before then. TurboTax will let you "e-file" now, but your tax return won't really be filed. TurboTax just holds it until the IRS starts accepting returns on January 29. If you do submit it to TurboTax early, though, you can't get it back to make any changes if you discover an error or omission after you have submitted it to TurboTax.

[ScruffyCurmudgeon]

Tax Refund Schedule - and Filing with Paycheck Stub without W-2
UPDATED FOR 2018 Tax Year (January 2019) -  Every Year, Most Folks really don't like this answer but it is the truth!!!

Certainly, you can start entering all the various personal data that you have, and if you want to try to guess what your Form W-2 will look like and also any Forms1099 that you might receive, such as Interest Income, feel free to do so for ESTIMATION purposes only.

However, read this post to learn why others have found it to be a very serious mistake to go ahead and submit your filing before you have gotten all your W-2s and 1099s.  
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IRS PROCESSING DATES  - starts (as of now) on January 28, 2019

AND REFUND DATES - Unclear - Speak to Congress

January 11, 2019 - UPDATE

IRS PROCESSING STARTS 1/28/2019  JANUARY 28, 2019

SUBMITTALS TO TURBOTAX SIT 'pending" AT TURBOTAX AND ARE SUBMITTED WHEN IRS STARTS.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

JANUARY 11, 2019 UPDATE:  Federal Adminstration says it can make IRS workers process refunds even while not paying workers.

- MAYBE OUTDATED IF CONGRESS OR COURTS ALLOW IRS TO WORK WITHOUT PAY

OUTDATED  1/4/2019: REFUND SCHEDULE LIKELY DELAYED BY GOVERNMENT SHUDOWN!!

JANUARY 4, 2019 UPDATE: Major news services have all reported that the IRS, with only 12% of its workforce currently being able to work (without pay), will be able to receive tax filings as of the original late January, 2019, date, BUT no refunds can be processed nor a schedule of refunds be available until the Federal Goverment shutdown ends and IRS employees are allowed back to work on the task of processing the refunds to be sent out.

https://www.cbsnews.com/news/millions-could-face-severe-cuts-to-food-stamps-due-to-government-shutdo...
https://www.businessinsider.com/irs-tax-refund-delay-partial-government-shutdown-2019-1?utm_source=f...
https://www.cbsnews.com/news/government-shutdown-delay-irs-tax-filing-and-refund-brings-chaos-just-b...
https://www.cnbc.com/2019/01/04/what-the-federal-shutdown-could-mean-for-tax-season.html
https://www.cnn.com/2019/01/03/business/treasury-irs-shutdown-refund/index.html

What will this mean?  Rushing to file is guaranteed to not speed your refund and if you jump the gun without your W-2, has a great chance of delaying because your data will be wrong and you will have to file a paper Amended 1040X which the shutdown IRS will not even touch for months.

HERE ARE SOME OF THE FOLKS WHO ALREADY JUMPED THE GUN IN JANUARY, 2019, AND ARE FACING A VERY BIG DELAY, PROBABLY GETTING A NASTY LETTER FROM THE IRS AND HAVING TO FILE 1040X 

Don't be like these people who now got themselves a big headache:
2019 UPDATE OF "How do I fix this because I did not use my W-2 when it finally arrived?" 

https://ttlc.intuit.com/questions/4518511-i-accidentally-put-in-my-2017-w-2-instead-of-my-2018-w-2-h...
https://ttlc.intuit.com/questions/4169486-can-i-change-my-return-if-i-already-submitted-it-and-you-r...
https://ttlc.intuit.com/questions/4518463-what-do-i-do-if-i-entered-incorrect-tax-amounts-and-submit...

NO! You cannot change your filing once you hit "submit" and file
https://ttlc.intuit.com/questions/4169486-can-i-change-my-return-if-i-already-submitted-it-and-you-r...

##############################################################################################

##  Look Folks, I'm a retired Jake - firefighter - and not an employee of Intuit. I've got no ax in this argument -           
##  just telling you the simple truth.  Some folks will file based on copying information from their last                          
##  paycheck and they won't get into trouble, others and in fact many more others will find that they                         
##  created trouble for themselves and also delayed their refund.  So do as you want, I'm just here to try to help.       
##                                                                                                                                                                                    
##  SHORT ANSWER: NO!  Don't use your paycheck stub instead of waiting a little time for your W-2!            
##                                                                                                                                                                                    
##                                  WHY?  Because you won't get your refund any faster and probably slower!         
##
##.    >>> DON'T AGREE?  SCROLL DOWN TO LINKS BELOW TO READ WHAT FOLKS WHO FILED 
##.           EARLY LAST YEAR   THEN HAD TO SAY WHEN THEY CRIED HELP!
##############################################################################################
DISAGREE?  DON'T LIKE SHORT ANSWER?  READ ON!  Hey, Look I know a lot of us want that refund as fast as it is possible to get it - and for good reason.  But using your paycheck stub instead of the Form W-2 can cause you to overpay taxes, or delay your refund, or be the opportunity to have correspondence from the IRS.  So the answer to "Can I use my last paycheck stub instead of W-2?" is "Do so at your own risk and you will likely regret it for any one of several reasons!"  
=========>>>>>> Don't believe me?  Scroll down to near bottom and read how others last year really fouled up their own taxes and refunds!!!!!  Check out the links of posts from last year! Use a paycheck stub and risk serious problems - getting an audit/inquiry letter from the IRS - having your refund delayed -  and having to file an Amended Return Form 1040X (& this is really a "Delight!")

If you want to use your last pay stub simply for estimation - that's fine, but if you want to use it to actually file your taxes -then that is certainly your choice but before you do that - please read what follows (REALLY!).  Yes, I know it is a long answer but it covers the questions of  1) Filing without a W-2;  
2) Tax Refund Schedule  and 
3)  Earned Income or Additional Child Credit - delays in refund
4)  W-2 Importing will be available sooner that the printed form - probably by second week of January.

5)  TurboTax Advertising "Accepting Returns" as opposed to actually being processed6)  Forms 1099-INT DIV and B for Interest Earned, Dividends Received, and any investments
While many folks really do need that refund money as soon as possible, and I understand that totally, be patient unless you want to become an expert in learning how to file an amended return - the Dreaded Form 1040X!  
READ==>>: To prove the point, you can scroll down to near bottom and read just a few of the requests for help posted earlier   - examples of TurboTax users who filed without a W-2 for last year, and then had to ask for help in filing an Amended Form 1040X which is printed, mailed, and almost guaranteed to be audited:

It is certainly up to you to do what you want when it comes to the subject of going forward with your last pay stub in hand or waiting the several days to several weeks to get your real actual Form W-2 , and the electronic download and import of the W-2 may be available much earlier than the paper form and it avoids any possible error! 

Don't forget the W-2 is also submitted to the IRS by your employer.  If you are an employee with any type of employee benefit, paid either by your employer or by monies withheld from you, the problem is that the W-2 may not report the same monies as show on your last paycheck stub.

If you have Bank or other interest, you need to wait to receive, or be able to access online at your bank or financial service company, the Form 1099-INT - generally by end of January but usually earlierIf you have any type of investment that produces Dividends or you sold any investments, you need to wait for the availability of Forms 1099-DIV and 1099-B  [DIV by end of January but usually earlier]

TAX PROCESSING AND REFUND DATES:  See Attached Image at the bottom!
TurboTax advertises that it "Accepts" your filing usually in the first week of January but it does nothing with it and you cannot go back to it and change it if you find you failed to report any income!!

Most of the "SuperUsers" on this blog are long-time practitioners in tax filing or tax accounting but we are NOT employees of TurboTax or connected to it.  Our uniform recommendation is to wait for the reasons below.  Every year we see folks come back asking for help in filing an Amended Tax Return, Form 1040X, because they made the decision to file using only a paycheck stub.

I accept the argument that certain tax preparation services, which shall remain nameless except for the court cases they have lost and the fines that they have paid in this matter, are perfectly happy to suggest that you can (You can read at the bottom here where the IRS clearly says it is a violation to offer to file for you without Form W-2 in hand!).

WHY NOT? The problem is that if you use your "last paycheck stub" as an estimator of what you think will be on the W-2, there is a great chance you will guess wrong. This is particularly true if you have either some form of benefit such as a cafeteria plan or insurance [non-medical] most particularly life insurance, or you have any type of deferred compensation or savings plan, such as a 401(k), 403(b) or the like. The last paycheck stub dollar amounts in total will likely be right for gross income but the allocation may well change because when the W-2 is issued, some monies paid to you are recharacterized and appear in other boxes than you expected.

So, WHAT'S THE RISK? If you guess wrong by using the last paycheck and the numbers don't match up, you will get the opportunity to receive an audit inquiry from the IRS and you will have the wonderful opportunity to learn the magical mysteries of filing an amended Form 1040X and the equivalent state form which is often even more mystical and challenging.

WHAT'S the GAIN? Not much because the IRS doesn't start processing and accepting your filing until mid-January [for TY 2018 the start date is JANUARY 21, 2019, at the earliest [see note re: Federal shutdown]***See Schedule in image at bottom****  and that is only if you do not  claim certain itemized deductions [on Schedule A] or do not file for Earned Income Credit or additional Child Tax Credits.  [If you do file for these credits or benefits, please note that  the IRS pays special attention to these credits, which have been abused in past years.]  

So rushing to file will not mean an earlier refund simply because the IRS will not have even started processing

The problem is that there is a great chance you will either leave money on the table [over paid with no good reason and now lose it] or you will underpay taxes [and risk being audited because your income does not match the reported]

HOWEVER, 
IF you have not received your W-2 yet, and it would seem unlikely since you are probably reading this in late December or early January, and W-2's typically start showing up late in the second week of January, you are strongly advised to wait.  In fact, have you checked to see if by the end of the first week of January or in the second week, you can download/import your W-2 automatically and without error?

Your W-2 may and typically does contain information and values not in your paycheck, so attempting to file without the official form is a pretty good predictor that you will either leave money on the table with the IRS or else get a letter saying you didn't leave enough - neither is a good situation.

Further, if you are filing by printing and mailing in, you can't without submitting a copy.

While many folks really do need that refund money as soon as possible, be patient unless you want to become an expert in learning how to file an amended return! 


Examples of PRIOR YEAR  WHOOPS! Filing without a W-2:

https://ttlc.intuit.com/questions/3034261-i-filed-using-my-last-pay-stub-not-knowing-now-my-refund-i...  Use Paycheck Stub - have delayed refund - exactly!

https://ttlc.intuit.com/questions/2941037-i-already-e-filed-using-my-last-paycheck-and-now-i-got-my-...   -Overstated his income and therefore paid too much in tax

https://ttlc.intuit.com/questions/2936121-i-let-someone-talk-me-into-using-my-check-stub-and-just-go...  Another who overpaid his  taxes.

https://ttlc.intuit.com/questions/3027748-irs-said-for-me-to-send-in-my-w2-becae-i-used-my-last-payc...   Greetings from the IRS!

https://ttlc.intuit.com/questions/3082790-my-w-2-and-my-final-paycheck-do-not-match-what-should-i-do  Hmmm. The W-2 numbers are not the same as on my paycheck stub!

https://ttlc.intuit.com/questions/3350554-i-guestimated-my-gross-income-from-one-w-2-and-it-was-high...  Whoops!

https://ttlc.intuit.com/questions/2143400-my-last-paycheck-stub-shows-a-different-amount-than-my-w2-...  The typical problem and now it's too late - Welcome to Form 1040X

https://ttlc.intuit.com/questions/2997549-w-2-total-different-than-last-pay-stub-cause-of-cafateria-...  and he did not mean a coffee shop!

https://ttlc.intuit.com/questions/2120101-based-on-one-of-my-last-pay-stubs-i-made-more-than-what-is...   Catch it before you file without W-2

https://ttlc.intuit.com/questions/1958950-i-have-not-received-my-w2-yet-but-was-doing-my-taxes-from-...  More overpayment of taxes

https://ttlc.intuit.com/questions/2970896-estimated-w-2-with-pay-stub-got-w-2-want-to-correct-return  Another oportunity to learn about Amending and Form 1040X


For any tax-preparer to state that they can prepare and file your tax return without a W-2 is a violation of law.   Read below.
==============================================================
Instruction by IRS to Preparers:  Not allowed to prepare and file without W-2
Publication 1345, Handbook for Authorized IRS e-file Providers for Individual Income Tax Returns when it states:
"EROs must not electronically file individual income tax returns prior to receiving Forms W-2, W-2G or 1099-R. If the taxpayer is unable to secure and pro­vide a correct Form W-2 . . . the ERO may electronically file the return after the taxpayer completes Form 4852, Substitute for Form W-2, Wage and Tax Statement . . . If Form 4852 is used, the non-standard W-2 indicator must be included in the record, and the ERO must maintain Form 4852 in the same manner required for Forms W-2, W-2G and 1099-R."1

********************************
This a user-to-user board! We're just volunteers trying to help out!
Not a TurboTax or Intuit employee
Firefighter/EMT-P (IAFF) just trying to put out fires.
It would be more productive to find out who is lighting them!
Get your Best Tax Resource - IRS PUB #17 at
      http://www.irs.gov/pub/irs-pdf/p17.pdf
s/ Scruffy Cumudgeon ® ™
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[Aprilpain2020]

Yes you can. Because the w2 should reflect the same of taxes withheld it should never be different if it is your employer is doing something wrong. All taxes are reported for checks dated within that year. If you receive a check the first week of January and its for days worked in december then that check is used for the upcoming year. You only pay taxes for wages received within any given year not for wages earned. For example. Your union negotiates a raise and they get the employer to agree to retroactive p ay raise to start as of october of the prior year. Well you wouldn't do an amended tax return it would be a nightmare. That retroactive raise check will be counted for the year in which the check was issued when you received those wages not when earned.  So i emphasize if your w2 is different than last check received for that year your employer is being shady. W2s are not meant for employers to correct any mistakes. They are to accurately provide employee and irs written documentation of deducted wages.. I have only experienced shady employers give different amounts. Think about it if your last check stub shows $15,000 in fed taxes deducted but your w2 shows $14,290 then they shorted you. Or if it shows more money then they are defrauding the irs. Remember everything needs to match up. Net pay $400 fed tax deduction $50 gross pay must be $450. This is example only with no other deductions.  Or real scenerio $192.31 ssi 11.93 medicare 2.79sdi 1.93. 401k 13.72  Net pay $161.94 no fed or state taxes made to little the deductions need to add to net should be gross so same for year to date must match the w2 period no ifs ands or buts about it. 

[Aprilpain2020]

not true i filed my taxes every year for 6 years with my last pay check stub and never had a problem. No one gives an answer as to why you cant use you last paycheck stub. I gave you the reason why you can use your last payroll check issued for that year. All everyone is saying it can cause problems with no facts to back it up. I did payroll for 14 years i think i know what you can or cant do 

[Aprilpain2020]

Ok i need to clarify something after reading a little further. Yes you should wait till you receive all your w2s and or 1099. I was strictly speaking for people who have one employer. If you work for the same employer the whole year under hourly employee and always paid as an hourly employee for that year and all checks received are from that same employer as an hourly employee. You can use your last paycheck stub with the issue date of that same year. Same goes for salaried and commission employees with one employer.