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What am I expected to do for the upcoming tax return when my ex-employer isn't likely giving me my W-2?

Hello,

For the 3 months I had worked for him, the employer didn't withhold taxes. After I quit, he said he handled it but I never have any proof to know if he actually did withhold taxes for me. Worst thing is that I can't reach him now and neither I think will I.

With the tax season coming, I will need a W-2 which isn't expected to be sent to me ever. I looked into form 4852 for substitution but I can't really understand what to be done in a proper way.

For the last year, me and my wife filed a joint tax return and we got back over 1,000$ and things are same as last year financially. We're going to file it jointly for this year too. With this background,

1. If I am going to do something for substituting a W-2 such as filing the form 4852, does it matter whether he has withheld my taxes or not?

2. Can I go ahead and take the actions in January when I am so sure that I would not get my W-2?

Thank you so much!

1 Best answer

Accepted Solutions
Hal_Al
Level 15

What am I expected to do for the upcoming tax return when my ex-employer isn't likely giving me my W-2?

Do not get ahead of yourself, in January. You may get a W-2 or a 1099-Misc. If you were not getting pay stubs, showing withholding, the "employer" is most likely treating you as a contract employee, meaning you file that income as a self employed person.

Either way, the IRS has procedures for handling it. I've posted both below. But my advice is wait and see, before you get bogged down in the nitty gritty. 

______________________________________________________________________________________________

No W-2. Missing w-2:

If you haven’t received your W-2, follow these four steps:

1. Contact your employer If you have not received your W-2, contact your employer to inquire if and when the W-2 was mailed. If it was mailed, it may have been returned to the employer because of an incorrect or incomplete address. After contacting the employer, allow a reasonable amount of time for them to resend or to issue the W-2.

2. Contact the IRS If you do not receive your W-2 by February 15th, contact the IRS for assistance at 800-829-1040. When you call, you must provide your name, address, city and state, including zip code, Social Security number, phone number and have the following information:

• Employer’s name, address, city and state, including zip code and phone number

• Dates of employment

• An estimate of the wages you earned, the federal income tax withheld, and when you worked for that employer during 2014. The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible. 

3. File your return You still must file your tax return or request an extension to file April 15, 2017, even if you do not receive your Form W-2. If you have not received your Form W-2 by the due date, and have completed steps 1 and 2, you may use Form 4852, Substitute for Form W-2, Wage and Tax Statement. Attach Form 4852 to the return, estimating income and withholding taxes as accurately as possible. There may be a delay in any refund due while the information is verified. 

4. File a Form 1040X if you later receive your missing W-2 after you filed your return using Form 4852, and the information may be different from what you reported on your return. If this happens, you must amend your return by filing a Form 1040X, Amended U.S. Individual Income Tax Return

____________________________________________________________________________________________

The IRS considers anything in box 7 of 1099-MISC to be self employment income. Enter the 1099-Misc income, at Other Common income / income from a 1099-MISC . TurboTax (TT) will complete Schedule C or C-EZ for you and allow you to deduct any expenses associated with this income. You'll also have to pay self employment tax (social security & Medicare) on any profits greater than $400. These types of payments are frequently done this way. Your "employer" is not the only one.

The IRS also considers undocumented cash income (no W-2 or 1099-MISC), for work performed, to be self employment income.

There is a  way to contest the “employer’s” classification of you as a contract employee. That is to pay your share of the Social security tax on form 8919 .

You also have to submit form SS-8 and the IRS will determine whether you or the employer pays the employer portion of the SS tax. You will probably also upset your employer, because the IRS may contact him about whether or not he properly paid wages.

 

Form SS-8 is not in TT but is here ===>>> http://www.irs.gov/pub/irs-pdf/fss8.pdf
See this IRS site ===>>> http://www.irs.gov/taxtopics/tc762.html

 

 

View solution in original post

5 Replies
Hal_Al
Level 15

What am I expected to do for the upcoming tax return when my ex-employer isn't likely giving me my W-2?

Do not get ahead of yourself, in January. You may get a W-2 or a 1099-Misc. If you were not getting pay stubs, showing withholding, the "employer" is most likely treating you as a contract employee, meaning you file that income as a self employed person.

Either way, the IRS has procedures for handling it. I've posted both below. But my advice is wait and see, before you get bogged down in the nitty gritty. 

______________________________________________________________________________________________

No W-2. Missing w-2:

If you haven’t received your W-2, follow these four steps:

1. Contact your employer If you have not received your W-2, contact your employer to inquire if and when the W-2 was mailed. If it was mailed, it may have been returned to the employer because of an incorrect or incomplete address. After contacting the employer, allow a reasonable amount of time for them to resend or to issue the W-2.

2. Contact the IRS If you do not receive your W-2 by February 15th, contact the IRS for assistance at 800-829-1040. When you call, you must provide your name, address, city and state, including zip code, Social Security number, phone number and have the following information:

• Employer’s name, address, city and state, including zip code and phone number

• Dates of employment

• An estimate of the wages you earned, the federal income tax withheld, and when you worked for that employer during 2014. The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible. 

3. File your return You still must file your tax return or request an extension to file April 15, 2017, even if you do not receive your Form W-2. If you have not received your Form W-2 by the due date, and have completed steps 1 and 2, you may use Form 4852, Substitute for Form W-2, Wage and Tax Statement. Attach Form 4852 to the return, estimating income and withholding taxes as accurately as possible. There may be a delay in any refund due while the information is verified. 

4. File a Form 1040X if you later receive your missing W-2 after you filed your return using Form 4852, and the information may be different from what you reported on your return. If this happens, you must amend your return by filing a Form 1040X, Amended U.S. Individual Income Tax Return

____________________________________________________________________________________________

The IRS considers anything in box 7 of 1099-MISC to be self employment income. Enter the 1099-Misc income, at Other Common income / income from a 1099-MISC . TurboTax (TT) will complete Schedule C or C-EZ for you and allow you to deduct any expenses associated with this income. You'll also have to pay self employment tax (social security & Medicare) on any profits greater than $400. These types of payments are frequently done this way. Your "employer" is not the only one.

The IRS also considers undocumented cash income (no W-2 or 1099-MISC), for work performed, to be self employment income.

There is a  way to contest the “employer’s” classification of you as a contract employee. That is to pay your share of the Social security tax on form 8919 .

You also have to submit form SS-8 and the IRS will determine whether you or the employer pays the employer portion of the SS tax. You will probably also upset your employer, because the IRS may contact him about whether or not he properly paid wages.

 

Form SS-8 is not in TT but is here ===>>> http://www.irs.gov/pub/irs-pdf/fss8.pdf
See this IRS site ===>>> http://www.irs.gov/taxtopics/tc762.html

 

 

What am I expected to do for the upcoming tax return when my ex-employer isn't likely giving me my W-2?

Thank you so much!

It sounds like I should wait and see until a certain moment. One thing to emphasize is that even though the ex-employer considered me as an employee not an independent contract and took the W-4 I filled out, I suspect he might have not withheld my taxes properly. Of course, he paid me with taxes deducted.

This means IRS might not have no information at all about this employment, not to mention, the paychecks I had if I understood correctly. Even in this situation, am I still recommended to follow the direction you explained?
Hal_Al
Level 15

What am I expected to do for the upcoming tax return when my ex-employer isn't likely giving me my W-2?

If he paid you with  taxes deducted, you definitely follow the "No W-2. Missing w-2:" instructions above. Wait til Feb 15 before you do so.

What am I expected to do for the upcoming tax return when my ex-employer isn't likely giving me my W-2?

Isn't there any way I can see if he has actually withheld my taxes or not before the season comes?
Hal_Al
Level 15

What am I expected to do for the upcoming tax return when my ex-employer isn't likely giving me my W-2?

Your pay stubs, if you got them, is your only information source, other than asking your employer. You cannot get that info from the IRS, at this time.
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