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New Member
posted Mar 17, 2022 9:02:04 AM

Some of my previous employers are giving me a hassle getting my W2 forms and I don't know what to do and the IRS webpage is not giving me any real help? Please help.

They keep giving my false numbers to get ahold of and answering machines that are not at all pertaining to obtaining my W2 forms.

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2 Replies
Expert Alumni
Mar 17, 2022 9:14:09 AM

If you can't get your W-2 from your employer:

  1. Call the IRS at 1-800-829-1040. The IRS will ask you for some info before following up with your employer.
  2. After notifying the IRS, you can either continue waiting for your W-2 or paper-file your return using Form 4852 and your last pay stub.

Level 15
Mar 17, 2022 9:40:31 AM

the question is were you treated as an employee or independent contractor? 

if you were treated as an employee you can get federal transcripts of your w-2 (no state info) from the IRS website or complete w-2s from the Social Security Adm (for a fee) 

however, since they are giving you a hard time (legally they were supposed to be sent to you by 1/31/2022).   I'm guessing that they treated you as an independent contractor. you wouldn't get w-2s but should have been issued 1099-NEC by any one you worked for who paid you $600 or more (again you should already have these forms).  it is not uncommon for some companies not to issue those 1099 forms.

if you believe you were an employee, for each w-2 that you didn't get you need to include form 4582 in your return.  too bad you waited so long to post about this problem because the iRS wants you to call them first  

4852 instructions

You must take the following steps before filing Form 4852
• Attempt to get your Form W-2, Form W-2c, or Form 1099-R (original or corrected) from your employer or payer before contacting the IRS or filing Form 4852.
• If you don’t receive the missing or corrected form from your employer or payer by the end of February, you may call the IRS at 800-829-1040 for assistance. You must provide your name, address (including ZIP code), phone number, social security number, and dates of employment. You must also provide your employer’s or payer’s name, address (including ZIP code), and phone number. The IRS will contact your employer or payer and request the missing form. The IRS will also send you a Form 4852. If you don’t receive the missing form in
sufficient time to file your income tax return timely, you may use Form 4852 to file with your return. so if you believe you should have gotten w-2's file the forms with your return and see what the iRS does. 

 

getting through to the iRS is difficult but at least try. 

 

on the other hand, you could file as an independent contractor reporting the gross income you received and any related business expenses on schedule C (form 4852 is not submitted). you will owe self-employment taxes (about 15% of the net) plus any regular income taxes.