If my old employer hasn’t sent me my W-2 and I can’t get ahold of them, and I have reason to believe that they did not report my income to the what do i do?

[maddieburris-hot]

I have called the IRS and they said they aren’t able to do anything until the end of May.  I can’t get a hold of my employer and they are out of state so I can’t go I to office. After talking to the department of labor they suggested that the company may have no reported me to the IRS. The employer never supplied me with pay stubs. I only have the proof of pay through the direct deposits in my account.

[MarilynG1]

If you did not receive a W-2 (or pay slips),  then no Federal or State Tax may have been paid on your income.

If you were working as an Independent Contractor, you should have received a 1099-NEC.  If this applies, though, you can still report your Business Income/Expenses on Schedule C. 

Add up the amount you received and type 'Schedule C' in the Search area, then click on 'Jump to schedule c' to get to this section. 

Here's more info on How to Report Business Income and Business Expenses.

@maddieburris-hot 

[maddieburris-hot]

I wasn’t working as an independent contractor. I was hired as a salary employee. They “took taxes” out of each of my pay checks. 

[Mike9241]

did you sign or provide the company with a W-4. if not they were treating you as an independent contractor - whether that's correct or not?  there are a bunch of criteria the iRS uses

this is a link to SS-8 which the IRS would use to determine employee or independent contractor status 

https://www.irs.gov/pub/irs-pdf/fss8.pdf 

you don't need to submit it but the more questions you answer in the positive the more likely the company should have treated you as an employee. if you determine you should have been treated as an employee the iRS says you should contact them so they would contact the company. then you would use form 4852 to report your supposed wages. 

********************

as an employee, you are not entitled to a QBI deduction whereas as an independent contractor filing schedule C you are probably eligible. the QBI can reduce your taxable income by up to 20% of the net of your net Schedule C income reduced by certain other amounts.