My employer never gave the staff our 1040 for 2019 and still is giving me a hard time. How can I still file for 2019 without being charged or penalized ?

[Mike9241]

if the company you work for is treating you as an independent contractor they should have given you a 1099-MISC for 2019.   if you are being treated as an employee you should have gotten a w-2. by 1/31/2020

your employer may be trying to pay you under the table hoping you don't report the income.

here's what you can do if you believe you should have gotten a w-2

-Call the IRS for assistance at [phone number removed]. When calling, be ready to give the following information:

Your name, address and Social Security number.
Your employer's name, address, city, state, zip code and telephone number, even if your employer has gone out of business.
Dates of employment.
An estimate of the wages you earned and the federal income tax withheld. Your estimate should be based on your final pay stub of the year or earnings statement, if available.

The IRS will call the employer and advise to send you your W-2.

as filing 2019 1040

If you can't get the W-2 form, you can prepare a form 4852 which is a substitute W-2 form that you can use to complete your tax return. Here is a link to IRS site that will explain how to complete it:

https://www.irs.gov/forms-pubs/about-form-4852

if you are an independent contractor you need to file schedule C and report the gross payments.

if your paystubs show withholding you are an employee, if not (no requirement for paystubs to show w/h but they usually do) perhaps you're being treated as an independent contractor.

if you are unsure of your status you can submit form SS-8 to the iRS

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

instructions

https://www.irs.gov/pub/irs-pdf/iss8.pdf 

as an aside, your company may be very unhappy that you contacted the IRS. but you do have a legal obligation to file a tax return regardless of whether the company furnishes you with forms or not. 

the IRS may penalize you but it is partly your fault for waiting so long. if you didn't receive the form by 2/28/2020 that's when you should have taken steps to ask your questions 

[LinaJ2020]

If your 2019 return generates a tax due, you cannot avoid paying any interest or penalty.  Generally, April 15 is the deadline for most people to file their individual income tax returns and pay any tax owed. Last year, due to Covid, IRS extended the tax season from April 15th to July 15th.  During its processing, the IRS checks your tax return for mathematical accuracy and matches your information on the return with their record. When processing is complete, if you owe any tax, penalty, or interest, they will send you a bill.  For details, click here: https://www.irs.gov/taxtopics/tc653

If you haven't received any W-2 or 1099-R for year 2020, you would need to file a Form 4582 for a substitute.  As of today, the Form 4852 will not be available until February 25 and it will only for paper-file.  TurboTax does not support the e-filing anymore.  

To see the forms' update, click here: Form 4852

Form 4852 serves as a substitute for Form W-2, Form W-2c, and Form 1099-R, and is completed by taxpayers or their representatives when:

Their employer or payer does not give them a Form W-2 or Form 1099-R.

An employer or payer has issued an incorrect Form W-2 or Form 1099-R