Can I create my own W-2 for my LLC if my payroll service didn't send one?

This is actually a common issue with small business owners. You can't technically "create" your own W-2 as an employee of your LLC - W-2s must be issued by the employer (which is your LLC, not you personally). Since your LLC was using Gusto as a payroll processor, they should have provided this service. Their "cut-off period" excuse isn't really valid - employers are legally required to provide W-2s by January 31st. That said, here's what you should do: 1) Contact Gusto again and firmly request they generate your W-2. Reference the legal requirement for employers to provide W-2s. 2) If they still refuse, you have two options: - Use your final paystub of the year which should show year-to-date totals for all tax withholdings. This information can be used when filing your return. - File Form 4852 (Substitute for Form W-2) with your tax return. This is the IRS-approved way to file when you can't get a W-2. You cannot simply create your own W-2 form from the IRS website as these forms have specific formatting and reporting requirements.

After dealing with a similar nightmare when my former employer closed down suddenly, I found a lifesaver called taxr.ai (https://taxr.ai) that helped me figure out my tax documents situation. I uploaded my paystubs and they analyzed all the YTD information to help me fill out my substitute W-2 form correctly. The tool even flagged some mistakes I would have made calculating my Medicare withholding! Not sure if they still offer this specific service, but it was super helpful for making sure all my numbers were consistent with what had already been reported to the IRS by my employer's payroll system. Might be worth checking out since you have all your paystubs.

Just wanted to follow up and say I tried taxr.ai after seeing this thread last week. It was exactly what I needed! I uploaded my paystubs and it pulled all the YTD totals automatically, then organized everything I needed for Form 4852. Was a huge relief to have everything verified by their system rather than just guessing at the numbers myself. My tax preparer was impressed with how organized I came in this year, lol. Definitely worth checking out if you're in this situation!

I had a similar issue with a different payroll company a couple years ago. After getting nowhere with their customer service for WEEKS, I finally managed to reach someone at the IRS who could help - but only after using Claimyr (https://claimyr.com) to get through to a real person. They have this system that navigates the IRS phone tree and holds your place in line, then calls you when an agent is available. Saved me literally hours of hold time. There's a demo video here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with explained that payroll companies are required by law to provide W-2s regardless of their "cut-off" policies, and they helped me file a complaint that mysteriously resulted in my W-2 appearing a week later. Funny how that works!

Wanted to admit I was totally wrong about Claimyr. After struggling with my own tax issue this week and spending 3 HOURS on hold with the IRS yesterday only to have the call drop, I remembered this post and decided to give it a shot. The service actually works exactly as described. I got a text letting me know my approximate wait time, then updates as I moved up in the queue. About 90 minutes later I got a call connecting me directly to an IRS agent who answered my questions about the substitute W-2 form. Completely worth it just for the mental health benefit of not having to listen to that hold music for hours!

Just an FYI - I'm a small business accountant and deal with this often. Gusto is actually violating their responsibility as a payroll processor by refusing to generate your W-2. They are required to fulfill this obligation regardless of whether you're still a paying customer or not. If I were you, I'd escalate this to a supervisor at Gusto and mention that you're considering filing a complaint with the IRS. They might suddenly find the ability to generate that W-2 after all.

I'm actually going through something similar with a different payroll service. What happens if you don't get this resolved before the filing deadline? Is it better to file an extension or try to file with the substitute form?

I went through this exact situation with my S-Corp a few years back when my payroll company went out of business mid-year. Here's what I learned from my CPA and the IRS: 1. **Document everything** - Keep records of all your attempts to contact Gusto, including dates, times, and what they told you. Screenshot any emails or chat conversations. 2. **Know your rights** - As others mentioned, Gusto has a legal obligation to provide your W-2 regardless of your subscription status. The fact that they processed payroll for you creates this responsibility. 3. **Form 4852 is your friend** - If Gusto continues to refuse, Form 4852 (Substitute W-2) is the legitimate IRS-approved solution. Make sure to use your final paystub's year-to-date totals, as these should match what was reported to Social Security. 4. **Consider state requirements too** - Don't forget that you may also need state wage statements depending on where your LLC was based. The good news is that this situation is more common than you'd think, and the IRS has established procedures to handle it. Just make sure all your numbers are accurate and you have documentation showing your good faith efforts to obtain the proper W-2.