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Former payroll manager here. While there's no legal requirement to provide W-2s in person, your employer's refusal seems unnecessarily rigid. Most companies I worked for would accommodate in-person pickup requests if employees asked in advance. One thing to consider - they might be short-staffed in payroll/HR right now (January is brutal for those departments) or they may have had security issues in the past with distributing financial documents in person. If you're really concerned about mail delays, check if your final paystub of 2024 shows year-to-date totals. Those numbers won't be exact matches to your W-2 (especially if you have taxable benefits), but they can help you get a head start on estimating your return.
Is there any downside to just using the last paystub numbers to file and then amending later if needed? I'm in a similar situation and really need my refund ASAP.
Absolutely do not file with paystub numbers! The IRS requires the actual W-2 information, and filing with estimated numbers is a quick way to get your return rejected or flagged for review, which would delay your refund even more. Paystubs often don't reflect all taxable benefits, retirement contributions, or other adjustments that appear on your W-2. The differences might seem small, but they can impact multiple calculations throughout your return. Filing with incorrect information and then amending is much more work and typically delays any refund by months rather than weeks. The amendment process is currently taking 16+ weeks for processing in many cases.
Has anyone had success getting their employer to change their mind about this kind of policy? My company just announced the same thing for this year's W-2s and several of us want to push back.
Don't forget to include a cover letter with your amended return explaining briefly why you're amending! Makes it easier for the processor to understand what changed. Also, check if your state has a specific mailing address for amended returns - it's often different from the regular return address. I made that mistake once and it added weeks of processing time because it went to the wrong department.
Is the cover letter something official or just a note explaining things? And should it go inside the envelope or attached to the front of the forms?
It's just a simple note explaining your amendment - nothing official. Something like "Enclosed is my amended 2024 state tax return to include a previously omitted 1099 form for interest income." It should definitely go inside the envelope, usually on top of your forms. I usually just write it on plain paper with my name, address, and tax ID number at the top, then a brief paragraph explaining what changed and why. Makes it easier for the processing folks to route your return correctly and understand what they're looking at. Keep it short and straightforward!
Make sure to check your state's website for the CORRECT MAILING ADDRESS for amended returns! I sent mine to the regular processing address and it took 5 months to get processed because it was in the wrong department.
Learned this the hard way too. Also worth checking if your state requires any specific forms for amendments beyond just marking the "amended return" box on the regular form. My state (PA) has a completely separate form you have to include.
Exactly! And some states want you to include a copy of your original return along with the amended one, while others specifically say NOT to include the original. The requirements vary so much state by state.
One critical thing nobody's mentioned yet: if your wife's settlement included punitive damages or interest, those portions are ALWAYS taxable regardless of what the underlying claim was for. The company should provide a breakdown, but they often don't. Also, if you deducted any medical expenses in prior years that this settlement is now compensating for, you might need to include that portion as taxable income under the "tax benefit rule." This stuff gets complicated fast!
The settlement letter doesn't mention punitive damages, but there is a line that says "including interest accrued" with a dollar amount. So I'm guessing that part is definitely taxable? And good point about previous medical deductions, though we didn't claim any related to this issue.
Yes, the interest portion is definitely taxable - the IRS is very clear about that. You'll need to report that specific amount separately as interest income on Schedule B. It might even be reported to you on a 1099-INT, though not all companies handle the reporting correctly. For the remainder of the settlement, since medical expenses weren't previously deducted, you won't have any "tax benefit rule" complications. That's good news! Still, I'd recommend documenting your reasoning for how you allocated the remaining amount between taxable and non-taxable portions. Written documentation of your good-faith determination can be very helpful if questions arise later.
Has anyone used TurboTax to report settlement income? I tried inputting mine from a similar environmental case but it kept categorizing everything as fully taxable even though part was for physical injuries.
TurboTax is terrible for settlements. In my experience, you need to use the "Other Income" section and then override their default treatment. There should be a way to enter "negative other income" for the portion that's not taxable. I ended up switching to FreeTaxUSA which handled it better.
Extension or not, you HAVE to pay what you estimate you owe by the original deadline or you'll get hit with penalties! The extension only gives you more time to file the paperwork, not more time to pay. I learned this the hard way last year and got charged penalties AND interest on what I owed. Don't make my mistake!
So even if I explain to the IRS that I couldn't file accurately because my employer hasn't given me my W-2, they'll still charge penalties if I end up owing?
Exactly. The IRS doesn't care why you couldn't pay on time - they only care that you didn't pay by April 15. Your issue with your employer is separate from your obligation to pay taxes on time. That's why you need to make your best estimate and pay that amount by the deadline. Think of it this way: the IRS considers your taxes due as you earn income throughout the year. The April 15 deadline is already a grace period to finalize everything. So waiting on documents doesn't extend your obligation to pay what you already owe.
Has anyone actually had success disputing penalties due to employer W-2 delays? My HR departmentt is a complete disaster this year and I'm in the same boat.
I went through this in 2023 and couldn't get the penalties removed despite documenting all my attempts to get my W-2 from my ex-employer. The IRS agent told me it's my responsibility to estimate and pay on time regardless of having the final documents. It really sucks but that's how they enforce it.
StarStrider
I think there's also an ethical question here beyond just "can you report it?" and "will the IRS care?" Consider your relationship with your cousin and family dynamics. Tax fraud is wrong, but is reporting your cousin worth potentially destroying family relationships? Maybe try talking to him first about how serious this is and the penalties he could face if caught? The penalties for tax fraud can include up to 75% of the underpaid tax amount plus potential criminal charges in serious cases. Maybe sharing that information might scare him straight without you having to make a report.
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Dylan Campbell
ā¢But if you warn them, won't they just hide the evidence better? I had a former friend who was doing something similar and when someone in our group warned him, he just got more sophisticated about hiding it. Sometimes people need to learn consequences the hard way.
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StarStrider
ā¢That's a fair concern. If someone is determined to commit fraud, a warning might just make them better at concealing it. However, sometimes people genuinely don't realize the severity of what they're doing - they might see it as "bending the rules" rather than committing a federal offense. If you think your cousin might be receptive, a gentle approach might work: "Hey, I'm concerned about what you told me about your taxes. Those penalties can be really serious." But if they've shown they don't care about the rules or might become defensive, then you're right that a direct confrontation might not help the situation.
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Sofia Torres
The IRS whistleblower program actually pays rewards if the tax fraud is substantial enough! But there's a catch - it only applies if the tax, penalties and interest exceed $2 million AND the person's annual gross income exceeds $200,000. Sounds like your cousin is way below that threshold, but thought it was worth mentioning. For smaller cases like this, you'd use Form 3949-A as others mentioned, but there's no reward. I've heard the IRS is pretty overwhelmed so smaller cases might not get immediate attention, but they do keep records and if patterns emerge they might investigate.
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Dmitry Sokolov
ā¢Is there any way to find out what happened after you submit a tip? Like do they tell you if they investigated or collected more tax? I reported an employer a few years ago who was paying people under the table but never heard anything about what happened.
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