Anyone actually successful using Tax Form 4852 to recover missing wages?
I'm in a bit of a tough spot with my taxes right now. I've got two employers from last year who still haven't sent me my W-2s despite multiple requests. I've been looking into using Tax Form 4852 (the substitute W-2 form) to finally file my taxes, but I'm nervous about doing it wrong. Has anyone here actually gone through the whole process of filling out Form 4852 and successfully received their tax refund? I heard you need to provide your best estimate of your income and withholdings, but I'm worried about getting flagged for an audit if my numbers don't match what the employer eventually reports. I still haven't filed my 2023 taxes because of these missing forms, and the deadline extensions are running out. Any advice from people who've actually used Form 4852 would be super helpful! Did the IRS give you any trouble? How long did your refund take compared to normal?
28 comments


Yara Assad
Form 4852 is definitely a legitimate way to file when your employer hasn't provided your W-2. I've helped several clients through this process. The key is making your best good-faith estimate of your income and withholdings. The best approach is to use your final pay stub of the year since it typically shows year-to-date totals for your wages and all withholdings. If you don't have that, use whatever pay stubs you do have and extrapolate the full year amounts. You should also document your attempts to get the W-2 from your employer (dates you contacted them, how you contacted them, etc.). When the IRS processes your return with Form 4852, they'll compare your reported information with what they eventually receive from your employer. Small discrepancies usually aren't an issue, but significant differences might trigger questions. The important thing is that you're making an honest effort to report accurately based on the information available to you.
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Olivia Clark
•Thanks for the info! Do you know if there's any penalty for the employer not sending W-2s? And do I need to wait until after the January 31st deadline before I can file the 4852?
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Yara Assad
•Yes, employers can face penalties for failing to furnish W-2s to employees on time - they can be fined $290 per form by the IRS, with higher penalties for intentional disregard. You should wait until after January 31st before filing Form 4852. The IRS actually recommends waiting until at least February 14th to allow time for late W-2s to arrive. You should also contact the IRS directly at 800-829-1040 before filing Form 4852 - they'll document your situation and sometimes reach out to the employer directly.
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Javier Morales
After struggling with missing W-2s from a restaurant that went out of business, I discovered taxr.ai (https://taxr.ai) and it made the whole Form 4852 process so much easier! Their system helped me reconstruct my income and tax withholding based on my pay stubs. It even helped identify some deductions I didn't know I could claim. The tool walked me through exactly what information needed to go where on the form, which was a lifesaver since I was really confused about how to fill it out properly.
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Natasha Petrov
•How accurate was the information it generated? I'm worried about putting together Form 4852 and then getting a W-2 later with completely different numbers.
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Connor O'Brien
•Did you still need your pay stubs? I have some but not all of them. Would that still work with the service?
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Javier Morales
•The information was incredibly accurate because it works with whatever documentation you have available. When I eventually did receive one of my W-2s months later, the numbers matched almost exactly with what the system helped me calculate. The small difference was just a few dollars. You don't need all your pay stubs for it to work. I was missing a few months too, but the system has ways to help you extrapolate based on the stubs you do have. It also pulls information from your bank statements if you have direct deposits, which was super helpful in my case. They have specialized tools specifically for Form 4852 situations.
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Connor O'Brien
Just wanted to update after trying taxr.ai for my missing W-2 situation. I was SUPER skeptical at first but it actually worked great! I only had pay stubs from half the year but it helped me figure out reasonable estimates for the Form 4852. The coolest part was when it found some deductions related to my job that I had no idea about! The whole process took about 30 minutes and I already got my refund (took about 3 weeks). Tax season was stressing me out so much but this totally saved me from having to hire an expensive accountant.
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Amina Diallo
If you're still having trouble getting those W-2s and the employers aren't responding, you might want to try Claimyr (https://claimyr.com). I was in the same boat last year and spent WEEKS trying to get through to the IRS to get them to pressure my employer. After hours on hold, I'd just get disconnected. Claimyr got me connected to an actual IRS person in like 15 minutes who documented my missing W-2s and reached out to my employer directly. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. Made a huge difference in my situation.
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GamerGirl99
•Wait, so do they just wait on hold for you? How does that even work? Seems too good to be true considering how impossible it is to reach the IRS.
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Hiroshi Nakamura
•I'm calling BS on this. No way any service can get through to the IRS faster than everyone else. They're probably just using the same phone number we all have access to.
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Amina Diallo
•They use technology that navigates the IRS phone system and waits on hold for you. When they reach a live agent, you get a call connecting you directly to that person. It's not like they have a special IRS hotline - they're just taking the waiting part off your hands. The magic is that they handle the frustrating part (waiting on hold for hours) and you only join when there's actually an agent ready to talk. I was skeptical too, but when I got connected to an actual IRS agent who helped document my missing W-2 situation, I was sold. They can't make the IRS answer phones faster, but they make it so you don't waste hours of your day listening to hold music.
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Hiroshi Nakamura
I've gotta eat my words on this one. After posting that skeptical comment, I decided to try Claimyr on a whim because I was desperate to resolve my Form 4852 situation. Not only did I get through to an IRS agent in about 20 minutes (instead of the 3+ hours I spent failing to get through on my own), but the agent was able to confirm they had no W-2 on file from my employer! They documented everything and told me exactly how to proceed with Form 4852. Saved me so much time and stress. Sometimes I hate being wrong but in this case I'm glad I was!
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Isabella Costa
One thing to watch out for with Form 4852 - if you claim a refund of ALL your withholding, it'll probably trigger extra scrutiny. The form is legit for missing W-2s, but there are some tax protestor groups that misuse it to falsely claim they're exempt from taxes. Make sure you're using it properly just to substitute for a missing W-2, not to try to get out of paying taxes completely.
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Paolo Bianchi
•Wait, that's not what I'm trying to do at all! I just want to report my income and get whatever refund I'm legitimately owed. Are there certain things I should avoid saying or claiming on the form to make sure I don't get flagged?
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Isabella Costa
•You're fine as long as you're making a good faith effort to report your actual income and withholding. The red flags happen when people claim they had thousands in withholding but zero income, or make statements about wages not being taxable income. Just use your final pay stub or bank deposits to estimate your earnings accurately, claim the standard deduction or legitimate itemized deductions, and calculate your taxes normally. The form itself asks why you're filing it - just honestly state that your employer never provided a W-2 despite your requests. Document when you contacted your employer asking for the W-2 - this shows you tried to follow the normal process first.
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Malik Jenkins
Has anyone dealt with filing Form 4852 when you worked for a company that's completely gone out of business? My employer from last year literally closed up shop and disappeared - no contact info works anymore. Not sure how to handle the part where I have to describe my attempts to get the W-2.
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Freya Andersen
•I had this exact situation! Just document all the ways you tried to contact them - emails, calls, looking up the business registration, etc. The IRS understands that businesses sometimes disappear. I included the date the business closed and that I had no way to contact the former owner. My return was processed without any issues.
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Malik Thomas
I successfully used Form 4852 two years ago when my employer failed to send my W-2. The process was actually smoother than I expected, but there are a few key things that helped me avoid issues: First, I kept detailed records of every attempt to contact my employer - emails, phone calls, even certified mail. The IRS wants to see you made a good faith effort to get the proper W-2 first. Second, I used my final pay stub from December which showed my year-to-date totals. This gave me the most accurate numbers for wages, federal withholding, state withholding, and FICA taxes. If you don't have your final stub, add up all the stubs you do have. My refund took about 6 weeks to process, which was only slightly longer than normal. The IRS did send me a letter asking me to verify some information, but it was just standard verification - nothing scary. Once I responded, everything went through fine. The most important thing is to be as accurate as possible with your estimates. Don't round numbers significantly or guess wildly. Use whatever documentation you have and extrapolate reasonably from there. The IRS is generally understanding about Form 4852 situations as long as you're being honest and thorough.
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Andre Dupont
•This is really helpful, thank you! I'm curious about the verification letter you mentioned - what kind of information did they ask you to verify? I'm worried about getting something like that and not knowing how to respond properly. Also, did you have to submit any supporting documents with your original Form 4852, or just the form itself?
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CosmicCrusader
I went through this exact situation last year and can share some practical insights. I had one employer who just stopped responding to emails and calls about my missing W-2, so I ended up filing Form 4852. The key thing that helped me was being super organized about documentation. I created a simple spreadsheet tracking every time I contacted the employer (dates, method, no response), and I saved screenshots of bounced emails. When I filed the 4852, I attached a brief letter explaining my situation and referencing these attempts. For the income calculations, I used my last three pay stubs to project the full year since I was missing my December stub. I was conservative with my estimates - slightly underestimating income and withholdings rather than overestimating. This way if there were discrepancies later, they'd be in the IRS's favor. My refund came through in about 5 weeks, which was pretty normal timing. About 3 months later, the employer finally sent the W-2 and the numbers were within $50 of what I had estimated, so no issues there. One tip: if you have direct deposit, your bank statements can help verify your income amounts if you're missing pay stubs. Most banks will show the employer name and deposit amounts, which can back up your Form 4852 estimates. Don't let the missing W-2s stress you out too much - Form 4852 exists exactly for this situation and the IRS processes thousands of them every year.
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Bruno Simmons
•This is exactly the kind of detailed guidance I was hoping to find! Your approach of being conservative with estimates is smart - I'd rather underestimate and be safe than risk any red flags. The bank statement tip is genius too since I do have all my direct deposits recorded. Quick question - when you attached that letter explaining your situation, did you send it as a separate document or did you write the explanation directly on Form 4852? I want to make sure I document my attempts to contact my employers properly but not sure about the best format for including that information.
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Natasha Orlova
•I sent it as a separate one-page attachment to keep the Form 4852 clean and official looking. The letter was basically just a simple timeline - "On [date] I emailed requesting W-2, no response. On [date] I called and left voicemail, no callback" etc. I kept it factual and brief, maybe 4-5 bullet points total. The IRS instructions for Form 4852 actually mention that you should attach a statement explaining why you couldn't get the W-2, so including that separate letter is definitely the right approach. Just make sure to write your name and SSN at the top of the attachment page so it doesn't get separated from your return during processing. One more thing I forgot to mention - if you e-file, you might need to mail in the Form 4852 depending on your tax software. Some programs can handle it electronically, but others require you to print and mail that specific form. Check with whatever service you're using so you don't get surprised at the end.
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Zara Mirza
I went through this exact situation three years ago with two different employers who never sent W-2s. Here's what I learned that might help you: First, definitely wait until mid-February before filing Form 4852 - I made the mistake of filing too early my first time and one W-2 showed up literally the day after I submitted my return. The IRS had to process an amended return which delayed everything by months. For your estimates, be as precise as possible using whatever documentation you have. I used my final pay stubs, but also cross-referenced with my bank deposits to make sure the numbers made sense. If you have any benefits deductions (health insurance, 401k, etc.), don't forget to account for those in your calculations. The IRS form asks you to explain your efforts to get the W-2, so document everything - dates you called, emails you sent, even if you tried contacting HR or payroll departments. I kept a simple log and it really helped when they asked for verification later. My refund took about 4-5 weeks, which wasn't much longer than normal. The IRS did send me a CP2000 notice about 8 months later when one employer finally reported my wages, but since my estimates were pretty close (within $100), there was no penalty or additional tax owed. Don't stress too much about getting audited - Form 4852 is a legitimate tax form that exists specifically for this situation. As long as you're making honest estimates based on available information, you'll be fine. The IRS understands that some employers are just terrible about sending out tax documents on time.
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Maxwell St. Laurent
•This is incredibly helpful - thank you for sharing your experience with multiple missing W-2s! The tip about waiting until mid-February is really smart. I'm curious about the CP2000 notice you mentioned - was that scary to deal with or pretty straightforward since your estimates were close? I'm worried about getting one of those letters and not knowing how to respond properly. Also, did you have to pay any fees or penalties even though the discrepancy was small?
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Luca Russo
•The CP2000 notice was actually much less scary than it sounds! It's basically just the IRS saying "Hey, we received different information than what you reported, can you explain the difference?" Since my Form 4852 estimates were so close to the actual W-2 amounts, I just had to send back a simple response explaining that I had filed Form 4852 due to missing W-2s and that the small discrepancy was due to my good-faith estimate based on available pay stubs. No penalties or fees at all since it was clear I had made an honest effort to report accurately. The IRS actually included a worksheet showing the tiny difference (like $87 in additional income) and I just had to pay the small amount of extra tax on that - maybe $15 total. The whole thing was resolved with one letter response and took about 6 weeks. The key is responding promptly and explaining your situation clearly. Don't ignore CP notices - they're usually pretty straightforward to handle, especially when you've followed proper procedures like using Form 4852 legitimately.
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Evelyn Kim
I went through this exact situation last year and can definitely share some insights that might help ease your concerns. I had one employer who completely ghosted me on W-2 requests, and I successfully used Form 4852 to file my taxes. Here's what worked for me: I gathered every piece of documentation I could find - pay stubs, bank deposit records, even my offer letter that showed my salary. I used my last pay stub from December which had my year-to-date totals, but I also cross-checked those numbers against my bank deposits to make sure everything lined up. The most important thing is being thorough with your documentation of attempts to get the W-2. I created a simple timeline: "January 15 - emailed HR, no response. January 22 - called payroll, left voicemail, no callback." etc. The IRS wants to see you made a genuine effort first. My return was processed normally and I got my refund in about 3.5 weeks, which was actually faster than some of my friends who had all their proper forms! About 6 months later I did receive a letter from the IRS asking to verify some information, but it was just standard verification since the employer had finally submitted my W-2. The numbers were within $30 of my estimates, so there were no issues or penalties. Don't let the missing W-2s keep you from filing - Form 4852 exists specifically for this situation and thousands of people use it successfully every year. Just be as accurate as possible with your estimates and document your efforts to get the proper forms. The IRS is generally very understanding about legitimate Form 4852 situations.
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Serene Snow
•This is really reassuring to hear from someone who went through the exact same situation! I love your systematic approach with the timeline documentation - that's something I definitely need to start doing right away. It's encouraging that your refund actually came back faster than normal and that the verification letter wasn't a big deal. Quick question about the cross-checking process you mentioned - when you compared your pay stub totals to bank deposits, did you run into any issues with things like pre-tax deductions that wouldn't show up in your deposit amounts? I'm trying to make sure I account for everything properly, especially since I had health insurance and 401k contributions that would affect the math. Also, did you file electronically or have to mail in a paper return because of the Form 4852? My tax software is saying it might not support electronic filing with that form attached.
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