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I got a wage claim check from my old company that went bankrupt but no W2

A company I worked for in 2017 went bankrupt and didn't pay out the last few paychecks. I went through the bankruptcy court to submit a claim for the lost wages. I finally got a check for those 2017 wages last year (2022) from the bankruptcy trustee. The trustee is not issuing a W2 and the company no longer exists to issue a W2. The wage claim pay voucher had federal income taxes, FICA, and Medicare already taken out. How do I claim this on my tax return?

 

 

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7 Replies
MaryK4
Expert Alumni

I got a wage claim check from my old company that went bankrupt but no W2

You will want to complete a Form 4852 (see How do I file a substitute W-2 using Form 4852?  You will be able to provide an explanation so the IRS can get your social security credits applied.

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I got a wage claim check from my old company that went bankrupt but no W2

Thank you! These wages were from work in another state from long ago. Would I need to file these under my new state even though I didn't leave here when I actually worked at this previous company?

MaryK4
Expert Alumni

I got a wage claim check from my old company that went bankrupt but no W2

Yes, you may have to file state tax where you worked (if you add it to this post we can check the filing requirement for that state) and your current resident state because even though it was not earned there, they will say you received the income as a resident.  If you have to file for the nonresident state, you would most likely get a credit for your current resident state. @aspears1935 

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I got a wage claim check from my old company that went bankrupt but no W2

Ok thank you. The previous state where I earned the wages was FL. My current resident state is GA.

ErnieS0
Expert Alumni

I got a wage claim check from my old company that went bankrupt but no W2

You will only report your wage claim to Georgia. Florida has no income tax.

 

Georgia starts with federal income, so your wage claim is already included in Georgia income. Since no Georgia income tax was withheld, you do not need to file a copy of Form 4852 with Georgia. 

 

Simply prepare and file your state return as usual.

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I got a wage claim check from my old company that went bankrupt but no W2

Thank you. Should I then expect to pay GA state tax on this money or none since I earned it while working/residing in FL?

MarilynG1
Expert Alumni

I got a wage claim check from my old company that went bankrupt but no W2

Yes, the income you received in 2022 while a Georgia Resident will be taxed there.

 

@aspears1935 

 

 

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