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W2 forms, what if I can't get it?

Discussion in 'Archived Threads 2001-2004' started by MikeAlletto, Jan 15, 2003.

  1. MikeAlletto

    MikeAlletto Cinematographer

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    I've searched online and I can't seem to find an answer. A company that I worked with paid me once this year on january 15th. That was my last paycheck from them. We are having difficulties in getting a W2 from them since the company doesn't exist anymore. I don't have the paystub (it was over a year ago afterall). I thought legally they are supposed to send me the W2. What can I do if I don't get it?
     
  2. Michael*K

    Michael*K Screenwriter

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  3. Edward Mann

    Edward Mann Agent

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    I went to the IRS website and looked at the Frequently asked questions for individuals. It looks like there are a few ways to proceed:
    IRS FAQ
     
  4. MikeAlletto

    MikeAlletto Cinematographer

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    This is going to be really difficult without a paystub or knowing how much it was for...

    Thanks for the links guys.
     
  5. David-S

    David-S Second Unit

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    You might be able to check w/ your bank, they'll have the statements from back then, so if you know you deposited it by itself, or if it was a direct deposit, that should at least tell you how much you netted from it, which might help?
     
  6. MikeAlletto

    MikeAlletto Cinematographer

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    yeah, I just checked that. I can request older statements. I'm hoping this all won't be necessary at all but I want my refund as fast as possible [​IMG]
     
  7. Dave_Brown

    Dave_Brown Supporting Actor

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    Probably not the best idea, but just curious as to what would happen if you "forgot" to include that two week claim? Would it impact your return all that much? At least without it you can file with what you have and get it all done earlier.
     
  8. Ted Lee

    Ted Lee Lead Actor

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    if all else fails, at the very least, you should call the IRS and just tell them what's going on. that way, you have it on record that you informed them of your situation. obviously document the call and what they told you to do.
     
  9. MikeAlletto

    MikeAlletto Cinematographer

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  10. Tim Hoover

    Tim Hoover Screenwriter

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    Actually, if you call the IRS they will have a record of the check and any withholdings. You can ask them to mail you their printout and use that to file your return. I had to do this a few years ago...
     
  11. Carl Miller

    Carl Miller Screenwriter

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    Just wanted to pipe in on this one since I work for the IRS. I didn't bother to check out the links, so I apologize if I'm repeating what you already know. Hopefully the bank will be able to help you, but just in case:

    Bottom line with this problem is that the IRS will not get copies of 2002 W-2's from payors until July/August, so they will not be able to tell you how much the check was for until then. Come summer, they'll have it and will print it and send it to you.

    With the employer out of business, you can call IRS and ask them to send a form to the employers last known address in an attempt to compell them to provide the W-2. The fine is minimal to the employer, so even companies that still exist aren't concerned when they get this form. Adding on to the problem is that you need to provide the IRS with info on the employer in order to get them to send out the form to the employer to begin with. You'll need their EIN number (amongst other info), and I doubt you have that. Still, whether or not it's beneficial, it's good to make the call anyway just so you have it on your account that you contacted them. If you do this, be sure to specifically request the customer service rep leave a "history" on your account. If you don't request it, they may not do it.

    You can use a substitute for W-2 form and submit that with your return. Simple form (don't recall the number but you can search irs.gov), you just have to give your best guess of the amounts, explain how you arrived at the figure and why you're not providing the actual W-2. No gaurantees here, but I'm not aware of this substitute form causing any negative effects on your account. However, this stuff changes yearly so you never know.

    Your best bet, if you don't go the sub W-2 form is to file an ammended return reporting the income come summer, once you're able to get a print of the W-2 from the IRS. Keep in mind if you do this, and you owe money as a result of the extra income, you'll be charged interest and penalty. If this happens, you can always request a penalty abatement (not interest), usually granted for first time penalties provided the amount isn't huge.

    Not reporting it isn't a good idea. It could increase your refund, or decrease it depending on whether or not this company took enough taxes out. If it increases your refund, no problem as you have 3 years to claim a refund.

    If it decreases your refund, the IRS will catch it eventually....usually this happens 1-2 years after the fact, and in the eyes of the IRS, the tax was due 4/15/03, regardless of when the IRS finds out you're underreported on your filing. In other words, they slap you silly with interest and penalty dating back to 4/15/03, even if they discover this unreported income in 2005.

    Hope this helps some!
     
  12. MikeAlletto

    MikeAlletto Cinematographer

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    Thanks Carl. I found a tax calculator that lets me choose my state and tax year (http://www.paycheckcity.com/NetPayCa...calculator.asp). I know how much my yearly salary was and how often I got paid and my # of allowances. So I just input that data and it spits out the tax taken out of one paycheck. I'll probably just file the substitute form. I've downloaded it and checked it over.
    The major problem is that there is no one at the company to even receive the complaint. There are only a few of us that have this problem. We have contacted the company that handled payroll checks and they don't want to help us. We have even contacted the old CEO and he's absolutely refusing to do anything. The company never declared bankruptcy, its just kinda in limbo. No one is there and there is no one that is still employeed. They owe a lot of companies (and old employees) money including a HUGE chunk to the IRS. I'm going to wait till Feb. 16th and if I don't get anything from them by then I'm calling the IRS and filing my return. I'm going to get a refund and I need the money so the sooner the better.
     
  13. Carl Miller

    Carl Miller Screenwriter

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    No problem Mike, and thanks for the link..I like that!

    The IRS usually has info that could locate the appropriate party, even for a defunct business. The bigger problem is the whopping $50 fine the IRS charges the ex-employer for not complying. Pretty much a joke to an employer that owes a small fortune.
     

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