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Subject Author Date
client didn't get W-2 from defunct employer mjacobslaw 03-15-2007
Posted by Mike Jacobs on March 16, 2007, 10:16 pm
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> 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.

Thanks to Bono and all others who replied (even those with
fake email addys that I tried to reply to directly...)

That's exactly the answer I needed, for future reference.
In this case, the empkloyer did finally come thru with a
genuine W-2 so were able to electronically file a 1040EZ
with no attachments needed.


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Posted by 2bears on March 17, 2007, 6:30 am
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?

It's happened to one of my clients too, I found this IRS
webopage useful:
http://www.irs.gov/newsroom/article/0,,id=106470,00.html

Summary: There's a Form 4852 you fill in and attach to the
return as a replacement W-2 and the IRS wants you to call
them about it too. More importantly, save the wage
information for future reference if the Social Security
earnings report that comes out annually doesn't pick up this
year due to the W-2 problem.

<< ======================================================= >>
<< 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 Missy on March 17, 2007, 6:30 am
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?

Form 4852 substitute w-2 will do nicely.

Missy Doyle

<< ======================================================= >>
<< 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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