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Has anyone tried just using the numbers from their last paystub and filling out the substitute W-2 form (Form 4852)? I'm in this exact situation - my employer shut down their whole operation in November and literally no one is responding to emails. My tax guy says I can use my last paystub to fill in all the numbers, but I'm worried about accuracy since some of my deductions were weird toward the end (they started taking out different health insurance amounts when they were having financial problems).
I did this last year when my W-2 never showed up. Used my December paystub and filled out Form 4852. It worked fine but I had to file a paper return which took FOREVER to process. Got my refund like 5 months later. Also make sure your YTD (year to date) numbers are actually for the full year. My paystub reset the YTD fields in July for some weird reason so I had to add two numbers together. Check if you have an earlier paystub to compare.
Thanks for the info. I do have all my paystubs thankfully, so I can check the YTD totals. Did you just attach the 4852 form to your regular return? And did the IRS ever question any of your numbers or was it all accepted as submitted?
For anyone dealing with this issue in the future - the IRS usually gets W-2 information from employers by late March even if the business closed. The transcript might not be immediately available online, but an IRS rep can often see it in their system before you can. Also worth knowing that if you absolutely can't get the info and must estimate, make your best guess using your final paystub and file on time. If you find out later that your numbers were wrong, you can always file an amended return. Better to file on time with estimates than miss the deadline completely!
I think I can clear up some confusion here. Look at your W-2 form and you'll notice a few different boxes with wage amounts: Box 1: Wages subject to federal income tax Box 3: Social Security wages Box 5: Medicare wages For people with 401k contributions, Box 1 will be LOWER than Boxes 3/5 because traditional 401k contributions reduce your federally taxable income (Box 1) but not your Social Security/Medicare wages (Boxes 3/5). That's why TurboTax shows your taxable income as lower - it's using the already-reduced Box 1 amount. This is correct and exactly how it should work!
Does this also apply to Roth 401k contributions? I contribute to a Roth and I'm confused if it works differently since those are after-tax contributions.
Great question! Roth 401k contributions work differently. Since Roth contributions are made with after-tax dollars, they DO NOT reduce your Box 1 wages on your W-2. With Roth 401k, you'll notice that your Box 1, Box 3, and Box 5 amounts will be more similar (though there may still be differences due to other pre-tax deductions like health insurance). This is because Roth contributions don't give you an up-front tax break - instead, the benefit comes later when you withdraw the money tax-free in retirement.
Wait I'm confused. If my 401k contributions already reduced my taxable income on my W-2, does that mean I shouldn't be claiming the Retirement Savings Contribution Credit (Saver's Credit) for my 401k contributions?? Been doing my taxes wrong for years if that's the case...
You can still claim the Retirement Savings Contribution Credit (Saver's Credit) even though your 401k contributions already reduced your taxable income! These are two separate tax benefits. The pre-tax 401k contribution reduces your taxable income, while the Saver's Credit is an additional credit for lower to moderate income taxpayers who contribute to retirement accounts. You definitely should claim the Saver's Credit if you qualify based on your adjusted gross income - it's an additional benefit on top of the tax deferral you already received.
Fellow illustrator here! One thing that saved me when I had a similar situation was going through my email for digital receipts. Check your inbox for: - Adobe subscription payments - Art supply store order confirmations - Computer/tablet/hardware purchases - Online course payments - Website hosting fees Also check your social media DMs if you arrange client work there. My Instagram DMs had tons of evidence of client negotiations that helped prove income sources. And don't forget apps like Venmo or Cash App if you've used those!
Thank you so much for these specific suggestions! I never thought to check my email archives but I just did a quick search and found at least 15 receipts for art supplies I'd completely forgotten about. Found records of my Procreate purchase, Clip Studio subscription, and even some drawing tablet accessories. Do you think PayPal's reports will show both my income AND my business expenses if I purchased them through PayPal? Or do I need to sort that out separately?
PayPal reports will show all your transactions, but they won't distinguish between personal and business expenses automatically. You'll need to go through and identify which purchases were for your illustration work. Your PayPal 1099 only reports your income received through PayPal, not your expenses. I'd recommend downloading your PayPal transaction history for the full year and sorting it in a spreadsheet. Look for payments to art supply stores, software companies, and other business-related vendors. Flag those as potential deductions, then verify with any email receipts you can find to confirm the purpose of each purchase.
Don't ignore your taxes!! I did that for two years as a freelancer and ended up owing over $15,000 with penalties and interest. The IRS eventually garnished my bank account and it was a NIGHTMARE to fix. Even filing with estimates is way better than not filing at all. And definitely set up quarterly estimated tax payments going forward - that was my big mistake, thinking I could just pay it all at the end of the year.
Exactly this! I wasn't just hit with the taxes I owed but also a 25% failure-to-file penalty PLUS interest that kept growing. The IRS is actually pretty reasonable if you file on time and work with them, even if you can't pay right away. It's when you don't file that they get aggressive.
Just want to add - don't rush to file the moment the IRS opens if you're expecting forms other than your W-2! I made that mistake last year and had to file an amended return because my 1099-INT from my bank came late. Also, if you had any foreign accounts or investments before moving to the US, you might need to file a FBAR form (Report of Foreign Bank and Financial Accounts) separately from your tax return if the total value was over $10,000 at any point during the year. That deadline is actually different from the regular tax deadline.
Oh wait, I do still have a savings account back in Canada with about $15,000 CAD in it. I had no idea I needed to report that! Is that going to cause problems? And does that mean I can't file early?
You definitely need to file an FBAR for that account since it exceeds $10,000. It's not part of your tax return though - it's filed separately through FinCEN (Financial Crimes Enforcement Network). Don't panic! It's just an information reporting requirement, not a tax. You can still file your regular tax return early, and the FBAR is due April 15th with an automatic extension to October 15th. Make sure you also report any interest earned on that Canadian account on your US tax return (Schedule B). The fact that you're asking about this now is good - it's much better to handle it correctly from the start rather than having to fix it later!
Has anyone used the IRS Free File program as a first-time resident? I heard there are income limits but I'm not sure if residency status affects eligibility?
I used IRS Free File last year as a new resident (moved from Australia). As long as you meet the income requirements (under $73,000 for most programs), your residency status doesn't affect eligibility. They'll ask questions about when you became a resident, but the free software handles it just fine!
Hugh Intensity
As someone who's worked in payroll compliance for 15 years, I'd recommend documenting everything immediately. Send an email to both your manager and the payroll company expressing your concerns about the W-4 exemption claim at that salary level. Request written clarification on company policy regarding potentially invalid W-4s. This creates a paper trail showing you raised concerns appropriately. If the operations manager pushes back, suggest having your tax professional or payroll provider give a second opinion on whether the exemption claim appears valid. The IRS specifically states that someone making $75K almost certainly has tax liability unless they have massive deductions.
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Vince Eh
ā¢Thanks for this advice. What specifically should I include in this documentation? Should I mention my suspicion that he hasn't filed taxes, or just stick to the facts about the W-4 exemption not seeming appropriate for someone at his income level?
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Hugh Intensity
ā¢Stick strictly to the facts and avoid speculation about his tax filing history or intentions. Your documentation should focus only on what you directly observe: that an employee making approximately $75,000 has claimed complete exemption from federal tax withholding, which appears unusual and potentially concerning from a compliance perspective. Phrase your concerns as questions rather than accusations. For example: "I noticed our operations manager has claimed exemption from all federal withholding despite having a salary of $75K. Given this income level, I want to confirm this is being handled correctly and that we're following proper procedures for verifying unusual W-4 claims.
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Effie Alexander
Has anyone looked at the "lock-in letter" process? My company went through this last year with an employee who kept claiming excessive exemptions. Eventually the IRS sent us a lock-in letter that specified exactly what withholding rate to use regardless of what the employee put on their W-4. Might be worth checking if your company has already received something like this for this employee. The IRS sends these when they notice patterns of underwithholding. They basically override whatever is on the W-4.
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Melissa Lin
ā¢That's a good point! The lock-in letter process shows the IRS definitely monitors these situations. My brother works in HR and said they received one for an employee who had claimed exempt for 3 years while making over 100k. The IRS specified exactly what withholding to use and they weren't allowed to change it without IRS approval.
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