No W-2's, Company Out of Business

[zeros]

Client explained that her husband will not be getting w-2's from his employment due to change of ownership, out of business, etc. What is the procedure for this? I didn't want to make an appointment for her without having the correct documents in hand. I don't think he has any YTD information from past paychecks.

[Uncle Sam]

No W-2

Client should first attempt to contact ex-employer. If that's not possible, then contact IRS with whatever
documents available to prove employment and report that employer cannot be located or is uncooperative.
If that doesn't bring positive results, then there's a Form 4852 which is a substitute form for reporting
the applicable information. HOWEVER - e-filing does not accept a 4852 - it must be paper filed.
And you need to determine the state acceptance of that form.
Also try contacting the Social Security Administration (provided the employER submitted the W-2s).

[Jiggers]

Check with his state unemployment office.

If he applied for unemployment, they have to have wages that were reported by that employer. He might be able to get the wages that they are reporting.

There won't be any SS/Med/StateWH, but it is a start.

9 times out of 10, I find that the employee just doesn't want to do the leg work to get the W-2 from the employer.

[ChEAr$]

Remember too, that if the fellow worked for the same employer in 2011, he can get correct name, address and FEI # from his file copy of the W2 received last year.

[MAMalody]

Here is what the IRS said last year about a missing W-2.

What to Do If You Are Missing a W-2?

Make sure you have all the needed documents, including all your Forms W-2, before you file your 2011 tax return. You should receive an IRS Form W-2, Wage and Tax Statement, from each of your employers. Employers have until Jan. 31, 2012 to issue your 2011 Form W-2 earnings statement.

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 issue the W-2.

2. Contact the IRS If you do not receive your W-2 by Feb. 14, contact the IRS for assistance at 800-829-1040. When you call, you must provide your name, address, Social Security number, phone number and have the following information:

• Employer’s name, address 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 2011. 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 by April 17, 2012, even if you do not receive your Form W-2. If you have not received your Form W-2 in time to file your return 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 On occasion, you may receive your missing W-2 after you file 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.

Form 4852, Form 1040X and instructions are available on this website or by calling 800-TAX-FORM (800-829-3676).

[taxea]

Do you mean that the TP didn't keep his paystubs and the new owner does not have the payroll records from the prior owner? When did the business change hands? What has TP done to get his W-2? Can he get a written document from the present owner stating that he doesn't have the prior records or any way to obtain them? Does anyone know whether the payroll was reported through EFTPS or perhaps a separate payroll service?

What are the circumstances that prevent obtaining these documents other than the business was sold?

Before TP calls IRS for assistance he/she should get the above answered.

[David1980]

HOWEVER - e-filing does not accept a 4852 - it must be paper filed.

You can definitely e-file a return using a 4852. The exception would be if you didn't have an EIN for the employer. See IRS Publication 1345 page 28.

I wouldn't file a return using 4852 before Feb 15th. Even if the taxpayer pinky swears they aren't going to get one. Companies can go out of business and still be responsible enough to issue a W-2, so I'd give the employer time to issue it. And have the taxpayer try to contact employer.

[zeros]

Workmen Comp. Issues

Do you mean that the TP didn't keep his paystubs and the new owner does not have the payroll records from the prior owner? When did the business change hands? What has TP done to get his W-2? Can he get a written document from the present owner stating that he doesn't have the prior records or any way to obtain them? Does anyone know whether the payroll was reported through EFTPS or perhaps a separate payroll service?

What are the circumstances that prevent obtaining these documents other than the business was sold?

Before TP calls IRS for assistance he/she should get the above answered.

I understood from talking to her that there was workmen' comp issues also, so the two parties are not talking.

[Uncle Sam]

E-filing of W-2 and 1099s

There won't be an e-file reject due to mismatch - where amount claimed for FWT on return is different
than W-2 submitted by employer?