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catyjain
New Member

Will my previous company file W2 even if I resigned the job?

I worked for a company for five months on H4 EAD and resigned, and this was my first job in US. I got all my paychecks with tax deductions. Will the company file W2 even after I resigned the company? And how do I get the tax refund as my earnings are not in taxable range i.e., less than $3000? I am a spouse of H1B. (P.S - Learner)

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Accepted Solutions
Opus 17
Level 15

Will my previous company file W2 even if I resigned the job?

Any employer is required to file a W-2 if they pay any wages, even for 1 day's work.

You are mistaken about the filing requirements.  If your spouse files a tax return and you file married filing jointly, you must include your income no matter how little.  If you decide to file as married filing separately, then you do not have to file a tax return if your spouse uses the standard deduction.  However, married filing separately may result in your spouse paying more tax.  And if your spouse itemizes their deductions then you must file if your income is more than $5. 

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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1 Reply
Opus 17
Level 15

Will my previous company file W2 even if I resigned the job?

Any employer is required to file a W-2 if they pay any wages, even for 1 day's work.

You are mistaken about the filing requirements.  If your spouse files a tax return and you file married filing jointly, you must include your income no matter how little.  If you decide to file as married filing separately, then you do not have to file a tax return if your spouse uses the standard deduction.  However, married filing separately may result in your spouse paying more tax.  And if your spouse itemizes their deductions then you must file if your income is more than $5. 

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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