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Has anyone tried just calling the SSA instead of the IRS? They have all the W-2 info too and sometimes their phone lines aren't as busy. Worked for me last year when I couldn't get my W-2 from a company that went out of business.
That's actually a really good tip! I tried this about 3 weeks ago and got through much faster than with the IRS. The SSA rep was able to give me my wage information, though they couldn't provide the exact federal withholding amount. Still gave me enough info to file Form 4852 with a pretty accurate estimate.
Don't panic - you're definitely not out of luck! Missing W-2s are more common than you think, especially from older jobs. Here's what I'd recommend doing in order of priority: 1. **Start with the IRS wage transcript** - This is your best bet. You can get it instantly online at irs.gov if you can verify your identity, or request it by mail with Form 4506-T. It'll show all the federal tax info that was reported on your W-2. 2. **Try contacting the restaurant** - Even with new ownership, they might have access to old payroll records or can direct you to whoever handled payroll back then. Sometimes the payroll company keeps records even after businesses change hands. 3. **Check your state tax agency** - They often have wage information too and sometimes their systems are easier to navigate than the IRS. 4. **Last resort: Form 4852** - If you absolutely can't get the actual numbers, you can file this substitute form with your best estimates based on your bank statements. Since you're dealing with a 2-year-old return, there's no rush penalty for filing late if you're owed a refund (which you likely are given your income level). But if you owe money, there could be penalties and interest, so it's good you're getting this sorted out now. The fact that you have your bank statements showing the net deposits is actually really helpful - it gives you a starting point for estimating your gross wages and withholding.
Has anyone actually had their return audited over this issue? I'm in a similar situation (though smaller settlement) and wondering how risky it is to override the 1099-NEC categorization without getting the company to issue a corrected form.
I've worked with several clients who reported 1099-NEC settlements correctly on Schedule 1 instead of Schedule C, and none have been audited specifically for this issue. The key is documentation - keep your settlement agreement and a brief explanation of why you're reporting it differently than the form indicates. Remember, the IRS computer systems will notice the discrepancy (1099-NEC reported but not on Schedule C), but having proper documentation ready is your best defense. It's actually riskier to incorrectly pay self-employment tax on settlement income than to properly report it as other income.
I'm dealing with a very similar situation right now! Got a $30k discrimination settlement and the company also sent me a 1099-NEC. My tax preparer told me the same thing - discrimination settlements should NOT be treated as self-employment income. What worked for me was contacting the company's payroll department directly and asking them to issue a corrected 1099-MISC instead of the 1099-NEC. They were surprisingly cooperative once I explained that discrimination settlements aren't business income. It took about 2 weeks to get the corrected form, but it made everything much cleaner for filing. If you can't get a corrected form in time, definitely follow the advice about overriding in your software. Just keep really good documentation - I saved emails with the company about the settlement nature and printed out IRS guidance on discrimination settlement reporting. Better safe than sorry if questions come up later!
I went through something very similar when a small restaurant I worked at suddenly closed without giving anyone their W-2s. Here's what I learned from that experience: The Social Security Administration check is definitely your first step - if nothing shows up there, you know for certain they never reported your wages. Then Form 4852 is your best friend. Don't overthink the income estimation - just be as accurate as you can with the information you have. One thing I wish someone had told me earlier: keep detailed records of everything you're doing to resolve this situation. Write down when you tried to contact the employer, what steps you took to get your W-2, etc. The IRS really appreciates seeing that you made good faith efforts to get proper documentation before filing the substitute form. Also, don't forget that you'll probably owe both federal and state income taxes on this unreported income, plus potentially some penalties for underpayment since nothing was withheld. It's worth setting aside some money now so you're not caught off guard when you file. The important thing is that you're taking care of it properly rather than trying to hide it.
This is really helpful advice! I'm dealing with a similar situation right now where my former employer just disappeared after closing. One question - when you say to keep detailed records of attempts to contact the employer, should I also document things like checking their social media accounts or trying to find them online? I've been doing that but wasn't sure if it would actually matter to the IRS. Also, do you remember roughly how much you ended up owing in penalties? I'm trying to budget for this and have no idea what to expect. The income was only about $8,000 over 6 months, so hopefully it won't be too bad.
Yes, absolutely document everything you tried - social media searches, online business directory lookups, even calling disconnected phone numbers. The IRS wants to see that you made reasonable efforts to get your proper W-2 before using the substitute form. I kept a simple log with dates and what I tried. For penalties on $8,000, mine wasn't too brutal - maybe around $200-300 total between federal and state underpayment penalties. The key is filing as soon as you can and paying what you owe. If you can't pay it all at once, the IRS has payment plan options that are pretty reasonable. The penalties for not reporting at all would be way worse than the underpayment penalties you'll face for this situation. One more tip: when you do your taxes next year, remember to make estimated quarterly payments if you have any similar employment situations. That way you won't get hit with underpayment penalties again.
I've been through this exact situation myself and want to emphasize something that hasn't been mentioned yet - make sure you also check if your state has any additional requirements for reporting this type of income situation. When I had to use Form 4852 for a similar issue with a closed business, my state (California) required me to also file a separate state form explaining the missing W-2 situation. Some states are more strict about documentation than others, so it's worth calling your state's tax department or checking their website to see if they have specific procedures. Also, if you remember approximately when you were paid throughout the year, try to break down your estimated income by quarters when you fill out the substitute form. This can help minimize any underpayment penalties since the IRS calculates those based on when income was actually earned versus when taxes were paid. Even rough estimates like "I earned about $X in Q1, $Y in Q2" etc. can make a difference in the penalty calculation. The good news is that once you get through this process, you'll have all the documentation you need and won't have to worry about this particular income being questioned later. The IRS really does work with people who are making honest efforts to comply.
Have u already entered the business as inactive or closed in TurboTax? Sometimes thats all u need to do and it will stop asking for forms. I had this issue last yr with schedule C stuff from my etsy shop that i closed in 2021.
This is a really common issue with TurboTax! Since you haven't had any business income since 2019 and the business is essentially closed, you shouldn't need Form 8895. The problem is that TurboTax is probably still treating your business as "active" in its system. Here's what I'd recommend trying first: Go to the Business section in TurboTax, find your business entity, and look for an option to mark it as "closed" or "inactive." This should stop TurboTax from requiring forms related to ongoing business operations. If that doesn't work, you have a few other options that people have mentioned here - the taxr.ai tool seems to help people figure out exactly what's triggering these form requirements, or you could try calling the IRS directly (though Claimyr might save you the hold time). The good news is you definitely don't need to wait until January 19th to file your return if your business has been inactive for years. There's just a setting somewhere that needs to be updated to reflect your current situation.
Mateo Rodriguez
Quick question about the mailing process - how do you actually submit 6 years worth of returns? Should I mail them all together or separately? I've heard mixed things.
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Omar Zaki
ā¢You should mail each tax year in its own separate envelope. This reduces the chance of processing errors or returns getting separated. Make sure each return is complete with all supporting forms and documents, and write the tax year prominently on each return. I recommend sending them via certified mail so you have proof of delivery. If you owe money, include separate payment vouchers for each year rather than one combined payment.
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Emma Wilson
Just to add another perspective on the 6-year requirement - while the IRS typically focuses on the last 6 years for compliance purposes, the specific years can depend on your situation. If you haven't filed any returns, they generally want 2018-2023 (counting back from when 2023 returns were due). However, if you filed some years but not others, they might focus on just the missing years. Also worth noting that if you had very low income (below the filing threshold) for certain years, you might not have been required to file at all - though you'd miss out on potential refunds like the Earned Income Tax Credit. Given that you mentioned mostly gig work around $25k annually, you were likely required to file (especially with self-employment income over $400), but you probably are due refunds for most years. I'd recommend starting with 2021-2023 since those are the only years you can still claim refunds for, then tackle the older years for compliance. Good luck with getting everything sorted before your mortgage application!
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QuantumQuest
ā¢This is really helpful advice about prioritizing the recent years first! I'm in a similar situation and was feeling overwhelmed about filing so many years at once. The strategy of tackling 2021-2023 first for the refunds makes a lot of sense - it could even help fund getting professional help for the older years if needed. Quick question though - when you mention the filing threshold, do you know what that was for those older years? I had some years where my income was pretty sporadic and I'm wondering if I might have been below the requirement for some of them.
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