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Posted by mjacobslaw on March 15, 2007, 1:09 am
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Client (a relative; I don't normally do tax work) started
working for a shaky new restaurant business in December
2006, quit at end of January 2007. Business has since
disconnected its phone and apparently gone out of business.
Don't know yet if it was a corporation or sole proprietor.
All client got from employer for IRS 1040 purposes was a
printout of the company's accounting program showing his
December gross wages, the amounts withheld for Medicare, Soc
Sec, State and Fed income tax, and his takehome net.
Employer never sent him a W-2 and (we suspect) may not have
filed with IRS nor paid over the withholding taxes they kept
from their employees.
Any suggestions? Goal A is to process client's return and
get him a refund ASAP, but goal B, if appropriate, would be
to get the IRS on this business' tail about their apparent
tax fraud. Can I file a 1040 and claim a return for
withheld taxes even without a W-2 (attaching the printout,
and a letter of explanation)? Or what?
Thanks so much.
W. Michael Jacobs (mjacobslaw @ juno . com)
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
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Posted by Frederick Lorca on March 16, 2007, 1:12 pm
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> Can I file a 1040 and claim a return for
> withheld taxes even without a W-2 (attaching the printout,
> and a letter of explanation)? Or what?
Yes. Use IRS Form 4852.
http://www.irs.gov/pub/irs-pdf/f4852.pdf
For more information, see Topic 154 on the IRS website.
http://www.irs.gov/taxtopics/tc154.html
Frederick Lorca
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>
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Posted by Drew Edmundson on March 16, 2007, 1:12 pm
Please log in for more thread options jacobslaw@gmail.com wrote:
> Client (a relative; I don't normally do tax work) started
> working for a shaky new restaurant business in December
> 2006, quit at end of January 2007. Business has since
> disconnected its phone and apparently gone out of business.
> Don't know yet if it was a corporation or sole proprietor.
>
> All client got from employer for IRS 1040 purposes was a
> printout of the company's accounting program showing his
> December gross wages, the amounts withheld for Medicare, Soc
> Sec, State and Fed income tax, and his takehome net.
> Employer never sent him a W-2 and (we suspect) may not have
> filed with IRS nor paid over the withholding taxes they kept
> from their employees.
>
> Any suggestions? Goal A is to process client's return and
> get him a refund ASAP, but goal B, if appropriate, would be
> to get the IRS on this business' tail about their apparent
> tax fraud. Can I file a 1040 and claim a return for
> withheld taxes even without a W-2 (attaching the printout,
> and a letter of explanation)? Or what?
See Form 4852:
http://www.irs.gov/pub/irs-pdf/f4852.pdf
It is a substitute W-2 to be used in this type situation.
--
Drew Edmundson, CPA
Cary, NC
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>
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Posted by bono9763@yahoo.com on March 16, 2007, 1:12 pm
Please log in for more thread options mjacobs...@gmail.com wrote:
> Client (a relative; I don't normally do tax work) started
> working for a shaky new restaurant business in December
> 2006, quit at end of January 2007. Business has since
> disconnected its phone and apparently gone out of business.
> Don't know yet if it was a corporation or sole proprietor.
>
> All client got from employer for IRS 1040 purposes was a
> printout of the company's accounting program showing his
> December gross wages, the amounts withheld for Medicare, Soc
> Sec, State and Fed income tax, and his takehome net.
> Employer never sent him a W-2 and (we suspect) may not have
> filed with IRS nor paid over the withholding taxes they kept
> from their employees.
>
> Any suggestions? Goal A is to process client's return and
> get him a refund ASAP, but goal B, if appropriate, would be
> to get the IRS on this business' tail about their apparent
> tax fraud. Can I file a 1040 and claim a return for
> withheld taxes even without a W-2 (attaching the printout,
> and a letter of explanation)? Or what?
Sure. Just file a substitute W2 (Form 4852.) You've got all
the info you need to fill it out: wages, withholding, SS,
medicare. If you have the EIN of the business, you can even
file it electronically. If not, it will have to be mailed
in. The client needs to sign the form, but no need to attach
a copy of the printout.
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>
|
|
Posted by parrisbraeside@yahoo.ca on March 16, 2007, 10:16 pm
Please log in for more thread options mjacobs...@gmail.com wrote:
> Client (a relative; I don't normally do tax work) started
> working for a shaky new restaurant business in December
> 2006, quit at end of January 2007. Business has since
> disconnected its phone and apparently gone out of business.
> Don't know yet if it was a corporation or sole proprietor.
>
> All client got from employer for IRS 1040 purposes was a
> printout of the company's accounting program showing his
> December gross wages, the amounts withheld for Medicare, Soc
> Sec, State and Fed income tax, and his takehome net.
> Employer never sent him a W-2 and (we suspect) may not have
> filed with IRS nor paid over the withholding taxes they kept
> from their employees.
>
> Any suggestions? Goal A is to process client's return and
> get him a refund ASAP, but goal B, if appropriate, would be
> to get the IRS on this business' tail about their apparent
> tax fraud. Can I file a 1040 and claim a return for
> withheld taxes even without a W-2 (attaching the printout,
> and a letter of explanation)? Or what?
Attached a completed Form 4852 to the return. I recommend
paper filing the return.
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>
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