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Just wanted to mention another option - you might be able to get your W2 information online directly from the IRS. They have a "Get Transcript" service on irs.gov where you can see tax documents that have been filed under your SSN. If your employer actually filed your W2 with the IRS but just didn't send you a copy, your wage information might be there. It doesn't always have current year info this early, but worth checking! Saved me in a similar situation last year.
The Get Transcript service likely won't have 2024 W-2 info available yet. Those records usually don't show up until much later in the year since employers have until Jan 31 to submit them and then the IRS needs processing time. Great option for prior years though!
You're right - I should have been clearer about that. The current year W-2s usually don't appear in the transcript system until late February or March. It's definitely more reliable for previous years' information. Still might be worth checking in another few weeks if the employer still hasn't provided the W-2. The IRS can sometimes process them faster than expected, especially if the employer e-filed their forms early.
This is such a frustrating situation, but you definitely have rights here! Your employer is legally required to provide your W-2 by January 31st, so they're already in violation. Here's what I'd recommend doing in order: 1. **Send a certified letter** - Mail a formal written request for your W-2 to your former employer. Keep the receipt as proof you made the request. 2. **Contact the IRS** - Call 1-800-829-1040 and report that your employer hasn't provided your W-2. The IRS will contact them directly, and employers can face penalties starting at $50 per missing W-2. 3. **File Form 4852** - This is a substitute W-2 that lets you file your taxes using your best estimate of wages and withholdings. Your final paystub from 2024 should have year-to-date totals that will help you complete this accurately. 4. **File your taxes** - Don't let their negligence delay your refund! You can file with Form 4852 and if/when you eventually get the actual W-2, you can file an amended return if needed. The manager's behavior when you went in person is completely unprofessional. Document everything - dates you called, your visit, etc. This creates a paper trail showing you made reasonable efforts to obtain your W-2 before taking other steps.
This is really helpful advice! I'm dealing with something similar with a small restaurant I used to work at. They keep saying "we'll get to it" but it's been weeks now. The certified letter idea is smart - creates that paper trail you mentioned. Quick question though - when you file Form 4852, does the IRS flag your return for review more often? I'm worried about delaying my refund even more if they decide to audit or take a closer look because I used the substitute form instead of the actual W-2.
Great question! Form 4852 doesn't automatically trigger an audit, but it may cause some additional processing time since the IRS needs to verify the information. In most cases, if your estimates are reasonable and based on actual paystub data, the return processes normally. The key is being as accurate as possible with your estimates. If you have your final paystub of 2024 with year-to-date totals, you should be in good shape. The IRS understands that employees sometimes need to use this form due to uncooperative employers. If there's a significant discrepancy when your actual W-2 eventually gets filed by the employer, that's when you might get a notice asking for clarification. But honestly, getting your refund a few weeks earlier (even with potential follow-up questions) is usually better than waiting indefinitely for an employer who's already proven unreliable. Just make sure to keep all your documentation - paystubs, records of your attempts to contact the employer, etc. This shows you acted in good faith if any questions arise later.
I'm dealing with this exact same issue! Just got my January bonus and they withheld 43% which was way higher than my December bonus at 28%. It's so frustrating when you're trying to plan your finances and you never know what you're actually going to take home. Reading through all these responses has been super helpful - I had no idea there were different withholding methods or that the timing of when bonuses are paid could affect the withholding rate. I'm definitely going to start tracking my bonuses like Jamal suggested to see if I can spot a pattern. One question for the tax professionals here - if I'm consistently getting over-withheld on my bigger bonuses, is it better to adjust my W-4 to withhold less from regular paychecks, or should I just accept the larger refund at tax time? I know the conventional wisdom is that getting a big refund means you gave the government an interest-free loan, but I'm also worried about accidentally under-withholding and owing money in April.
That's such a relatable frustration! The unpredictability really makes financial planning tough. From what I've learned lurking in tax forums, the decision between adjusting your W-4 vs. accepting a bigger refund really depends on your financial situation. If you're good at saving and don't need the cash flow throughout the year, the refund route is "safer" since you'll never accidentally owe money. But if you could use that extra money monthly for debt payments, investments, or just better cash flow, adjusting your withholding makes more sense. One middle-ground approach I've seen suggested is to adjust your W-4 conservatively - maybe aim to get your overwithholding down to where you'd get a modest refund ($500-1000) instead of a huge one. That way you get better cash flow but still have a safety buffer. The IRS withholding calculator that others mentioned is supposed to be pretty good at helping you find that sweet spot. And like the tax preparer said, you can always readjust if your first attempt doesn't work out perfectly!
I've been following this thread with great interest since I'm dealing with a similar situation! As someone who works in payroll (though not tax advice), I can confirm what others have said about the two main withholding methods. One thing I haven't seen mentioned yet is that some companies also factor in your year-to-date earnings when deciding which method to use. If you're getting close to higher tax brackets based on your cumulative income, they might automatically switch to the aggregate method to avoid under-withholding. Also, just a heads up - if you do decide to adjust your W-4 to account for the over-withholding, make sure to update it again at the beginning of next year. I see people forget to do this and then end up under-withholding the following year when their income situation changes. The tracking spreadsheet idea is gold - I always recommend this to employees who ask about their bonus withholding. Once you have 3-4 data points, the pattern usually becomes pretty clear!
Thanks for the insider perspective from the payroll side! The point about year-to-date earnings influencing the withholding method is really interesting - that could explain why some of us see the pattern change as the year progresses. I definitely wouldn't have thought about updating the W-4 at the beginning of the next year. That's such a good reminder since bonus amounts and regular salary can change year to year. Do you typically recommend people review their W-4 annually anyway, or is it mainly just for folks with variable income like bonuses and commissions? Also curious - when employees come to you asking about standardizing their bonus withholding method, how receptive are most companies to making that change? Is it usually a simple payroll system adjustment or does it require approval from higher up?
Great question about W-4 reviews! I generally recommend everyone review their W-4 annually during open enrollment season, but it's especially critical for people with variable income like bonuses, commissions, or side gigs. Life changes like marriage, divorce, kids, or major salary changes should also trigger a W-4 review. As for standardizing bonus withholding methods - most companies are surprisingly accommodating when employees make this request! It's usually a simple payroll system setting that can be adjusted without needing higher approval. The key is explaining it as a "consistency for budgeting purposes" request rather than trying to minimize taxes (which makes some HR folks nervous). I'd say about 80% of the time when someone asks nicely and explains the budgeting challenges, we can make the adjustment. The main exceptions are when company policy requires the aggregate method for compliance reasons or when the payroll system doesn't allow that level of customization. But it never hurts to ask - worst case they say no and you're back to the tracking/W-4 adjustment strategies everyone's discussed here!
I've been following this thread as someone who handles tax document issues professionally, and wanted to add a few key points that haven't been fully covered: First, regarding the IRS telling you they can't provide W2G info until May - that's actually incorrect. The IRS can provide wage and income transcripts (which include gambling winnings) much earlier than May. You can request them online through your IRS account at irs.gov, by phone, or by mail using Form 4506-T. The transcript will show what MGM reported to the IRS for your gambling winnings. Second, if you're going to estimate and file, I'd strongly recommend using your bank records or credit card statements to help nail down the exact amount. Look for the deposit or cash withdrawal from that day at MGM - this can help you get much closer to the actual figure than just relying on memory. Finally, while the certified letter approach is excellent, you might also want to file a complaint with the Nevada Gaming Control Board simultaneously. Casinos are required to maintain copies of all tax documents for several years and provide duplicates promptly. MGM's lack of response could be a regulatory violation, and gaming boards typically respond quickly to these complaints. Don't stress too much about this - it's more common than you think, and the IRS is generally reasonable when taxpayers make good faith efforts to comply with proper documentation.
This is incredibly helpful information! I had no idea the IRS could provide wage and income transcripts earlier than May. That completely changes my approach - I'm going to try requesting the transcript online first thing tomorrow morning. The bank record suggestion is brilliant too. I just checked and found the ATM withdrawal from MGM Grand on January 15th, 2023. It shows I withdrew $1,600 after my win, which means my total payout was probably around $1,750-$1,800 after accounting for the $200 I had left from my original gambling budget. This gives me a much more accurate estimate than just trying to remember. I'm definitely going to pursue both the certified letter to MGM corporate and file a complaint with the Nevada Gaming Control Board. Having multiple pressure points seems like the best strategy, especially since you're right that their lack of response could be a regulatory issue. Thanks for the reassurance that this is common - I've been stressing about this for weeks thinking I was in some unique terrible situation. It's good to know there are established processes for handling this kind of problem!
I'm a tax professional and wanted to add one more option that might help with your MGM situation. You can actually contact the IRS Practitioner Priority Service (PPS) line if you're working with a tax professional, or use the regular taxpayer assistance line to request what's called a "wage and income transcript" for 2023. This transcript will show exactly what MGM reported to the IRS for your gambling winnings, including the precise dollar amount and date. It's much faster than waiting until May, and you can usually get it within a few business days if you request it online through your IRS account. Even if you end up filing with an estimated amount, having the IRS transcript gives you the actual reported figure to compare against your estimate. If there's a discrepancy, you'll know exactly how much to adjust when you file an amended return. Also, I'd recommend documenting EVERYTHING in a simple spreadsheet - dates of calls to MGM, email confirmations, your online account screenshots showing empty tax documents section, etc. This creates a bulletproof paper trail showing you made every reasonable effort to get the proper documentation before estimating. The combination of the IRS transcript request, certified letter to MGM corporate, and gaming board complaint should definitely get you results. You're handling this exactly right by being proactive rather than just hoping MGM eventually responds.
I just went through this exact same process last month! The confusion is totally understandable because the rules aren't super clear until you dig into the specifics. Here's what I learned: since you're going from sole prop to LLC, you need to figure out how your LLC will be taxed. If you're staying as a single-member LLC and NOT electing corporate taxation, you can actually keep using your existing sole prop EIN. The IRS treats single-member LLCs as "disregarded entities" by default, which means for tax purposes, you're still essentially a sole proprietorship. However, if you're adding partners (making it multi-member) or electing S-Corp or C-Corp taxation, then yes, you need a new EIN. The good news is there's no formal process to "cancel" your old EIN if you do need a new one - you just stop using it and start using the new one. I'd recommend calling the IRS Business Tax Line to confirm your specific situation, though fair warning - it can take a while to get through! Also, make sure to update your EIN with your bank, any business accounts, and vendors once you figure out what you need to do. That was the part I almost forgot!
Thanks for laying this out so clearly! I'm in a similar situation and was getting overwhelmed by all the different advice online. Quick question - when you say "calling the IRS Business Tax Line," is that different from the regular IRS customer service line? I've tried calling the main IRS number before and could never get through to anyone who could help with business questions. Also, did you end up keeping your sole prop EIN or getting a new one? I'm leaning toward just keeping mine since I'm staying single-member and not electing corporate taxation, but I'm worried I might be missing something important.
Yes, the Business & Specialty Tax Line is different from the regular customer service line! The number is 1-800-829-4933, and they're specifically trained to handle business tax questions like EIN issues, entity elections, and business structure changes. They're much more knowledgeable about these topics than the general customer service reps. I ended up keeping my sole prop EIN since I stayed as a single-member LLC without any tax elections. It's been working perfectly fine - I just make sure to use my LLC name on all business documents while keeping the same EIN for tax purposes. The IRS sees it as the same tax entity, just with liability protection added. One thing to double-check though - make sure your state doesn't have any specific requirements about EINs when you register your LLC. Some states are picky about this stuff, even if the IRS is flexible. But federally, you should be good to keep your existing EIN if you're staying single-member and disregarded entity status.
This is such a common source of confusion! I went through the same thing when I converted my consulting business from sole prop to LLC last year. The deciding factor really comes down to your tax election. Since you mentioned you're doing this for liability protection (smart move!), you're probably planning to stay as a single-member LLC with disregarded entity status - which means you can absolutely keep your existing EIN. One thing I wish someone had told me earlier: even though you can keep the same EIN, make sure to update your business name with your bank and any vendors to reflect the LLC. I kept getting confused looks when my checks said "ABC Consulting LLC" but my EIN paperwork still showed my personal name from the sole prop days. Also, definitely keep good records of when you made the transition. I created a simple folder with my LLC formation date, operating agreement, and a note about continuing to use my sole prop EIN. Makes things much cleaner if the IRS ever has questions down the road. The liability protection alone makes the LLC worth it - you're making a smart business decision even if the tax side stays exactly the same!
This is really helpful! I'm actually in the exact same boat - formed my LLC for liability protection but planning to keep everything else the same tax-wise. Quick question about updating the business name with banks - did you run into any issues with them wanting to see new tax documents or anything like that when you changed from your personal name to the LLC name? I'm worried my bank is going to make this more complicated than it needs to be, especially since I'm keeping the same EIN. Did they ask for any specific documentation to prove the connection between the old sole prop and the new LLC?
Zoe Papadopoulos
For e-filing Form 1120, I'd recommend FreeTaxUSA Business - they support C-corp filing and are significantly cheaper than most alternatives (around $150-200 vs $600+ for Drake). The interface is pretty intuitive and they have good QuickBooks import functionality. Regarding your shareholder payment situation, you definitely need to get this sorted before filing. Since C-corp shareholders who work in the business are considered employees, those "distributions" should have been processed as payroll with proper withholding. You'll likely need to file corrected payroll returns (941-X) and pay the missed payroll taxes plus penalties. One suggestion - consider consulting with an EA (Enrolled Agent) for just this first year to make sure you get the employment tax issues resolved properly. They're less expensive than CPAs but can represent you before the IRS if needed. Once you get the compliance issues sorted, you can handle future years yourself with the software.
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CosmicCaptain
ā¢FreeTaxUSA Business sounds like a great middle-ground option! I hadn't heard of them before but $150-200 is much more reasonable for a startup budget than $600+. Do you know if they handle the actual e-filing submission or just prep the forms? And thanks for the suggestion about consulting with an EA - that makes sense to get the employment tax mess cleaned up properly before we dig ourselves deeper. Better to spend a little upfront than deal with bigger penalties later.
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Sofia Gomez
Yes, FreeTaxUSA Business handles the complete e-filing process for Form 1120 - it's not just form preparation. They submit directly to the IRS and you get confirmation when it's accepted. I used them for our C-corp last year and the whole process was smooth. Definitely agree on getting an EA involved for the payroll tax cleanup. We had a similar situation with informal payments to founders, and our EA helped us file the 941-X forms and minimize penalties. The IRS was actually pretty reasonable about it since we were proactive in fixing the issue rather than waiting for them to discover it. One tip - when you do find an EA, make sure they have experience with startup employment tax issues. Some are more focused on individual returns and might not be as familiar with the nuances of C-corp shareholder-employee situations. The right EA can also help you set up proper payroll processes going forward so you don't repeat the same mistakes.
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