How should I report income and a NY labor wage claim from a former employer if I don't know if they withheld taxes, haven't sent a W2 and they refuse to communicate?

[sol-sheri]

I worked briefly for an employer before quitting after a few weeks. They cut me a personal check for my first two weeks and said how much they were going to withhold for taxes. However, I had to submit a claim to the NY state Dept of Labor to get paid for my last two weeks since neither they, or their employer, paid me, even after several communication attempts. The state was able to secure the rest of my pay, plus damages, from the employer. However, the state said that I would need to contact the employer to find out if I may have a tax liability. The employer is non-responsive. Since I haven't received a W2, I'm assuming I need to report the income somewhere, but I'm not sure where/what form. Can anyone assist me with this? Thank you so much!

[ThomasM125]

You can complete form 4852 to allow you to report your wage income in the W-2 form entry screen in TurboTax. You can't complete the form 4852 in Turbotax, but you can read this article on how to complete it online, once you "google" the form:

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

You can also view this IRS article which explains the steps you should take when you cannot secure your W-2 form from you old employer:

https://www.irs.gov/newsroom/form-w-2-missing-irs-can-help

[sol-sheri]

How do I submit form 4852 with my taxes via TurboTax? The form says it needs to be submitted with the 1040.

[RobertG]

You can file a conventional paper return that includes IRS Form 4852 if all efforts to obtain a W-2 from your employer have failed. Here's how to fill one out:

1. In your TurboTax program, search for W-2 and then select the Jump to link in the search results to get to the W-2 entry screen.
2. Fill out your W-2 as best you can using the information from your last pay stub.
3. When finished, proceed through the interview. Eventually you'll get to the Do any of these uncommon situations apply to this W-2? screen.
   • Check the Substitute form box near the bottom.
   • Check any other box(es) that apply to your W-2 before selecting Continue.
4. Eventually you'll come to a screen which will ask if you want to complete Form 4852 for wages paid. Answer Yes and carefully follow the onscreen instructions.

Returns including Form 4852 can't be e-filed per IRS regulations.

@sol-sheri