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Sean O'Donnell

Can't Contact My Previous Employer for 2022 W2 - What Are My Options?

I'm in a really frustrating situation with my taxes this year. I worked at a small business most of 2022 where I was pretty much the only employee. My boss was always terrible with payroll - I had to remind him every month just to get paid, and he always sent payments through direct wire transfers rather than proper payroll deposits. I left the company in December after finding a better job. When I was leaving, I asked about getting my final paycheck and W2, and my boss said he wanted to have lunch to say goodbye and would "figure out the details later." That was nearly 3 months ago, and I haven't heard a word from him since! I've tried everything to contact him - emails, texts, Slack messages (I still have access to my old work account), and even LinkedIn. Complete radio silence. He's just ghosted me entirely. I need my W2 for my 2022 taxes and I'm getting worried since the filing deadline is approaching. I know approximately what my income and withholdings were (they were similar to 2021), but I'd rather not have to file Form 4852 and do all that extra paperwork if I don't have to. I've tried calling the IRS for guidance, but their lines are constantly busy "due to high call volumes" no matter what time I try. Is there anything else I can do at this point? Are there any services that help with this kind of situation? Has anyone dealt with something similar? I'm so ready to put this job behind me, but this tax headache is the last remaining connection to that place.

This happens more often than you might think. When an employer goes silent, the IRS gives you a way to file without the W2 using Form 4852 (Substitute for W2). It's not ideal, but it works. Here's what you should do: First, try one last attempt to reach your former employer - send a certified letter to their business address requesting your W2. This creates documentation that you tried. If that fails, gather whatever information you have about your income. Your final paystub of the year is ideal, but since you mentioned you rarely got those, use your bank statements to total up the direct wires you received. For withholding amounts, use your bank statements and any other documentation you have. When filing Form 4852, explain exactly what happened - that your former employer is unresponsive despite multiple contact attempts through various channels. The IRS understands these situations. You can still e-file with Form 4852! Most tax software supports this form - you'll just need to indicate you're filing without an official W2. The software will walk you through the process.

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Thanks for the advice! I didn't realize I could still e-file with Form 4852. I assumed I'd have to mail in a paper return. Do you know if using this form increases the chances of getting audited? I'm worried filing without an official W2 might raise red flags.

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Using Form 4852 does not automatically trigger an audit. The IRS understands that employers sometimes fail to provide W2s. As long as you make a good-faith effort to report your income and withholding accurately, you should be fine. Using bank statements to document your income is perfectly acceptable in this situation. Just keep copies of all your documentation (bank statements, attempts to contact your employer, etc.) for at least three years in case questions come up. The key is being able to show you made reasonable efforts to get your W2 and reported your income honestly.

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After experiencing almost the exact same situation last year, I discovered taxr.ai (https://taxr.ai) and it was a complete game-changer. My previous employer disappeared after closing his business, and I had no way to get my W2. What taxr.ai does is analyze your bank statements and help reconstruct your income information accurately. I uploaded my bank statements showing the wire transfers, and their system identified the income patterns and helped calculate my total income and estimate withholdings. They even helped me complete Form 4852 with the right information. The best part was that they provided a detailed documentation package that I could save in case the IRS ever questioned my filing. It gave me peace of mind knowing I had solid backup for my tax return.

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How accurate was their calculation compared to what you actually earned? I'm in a similar situation but my pay was really inconsistent - some months I got paid more for extra projects, other months less. Would their system still work for irregular payment patterns?

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I'm a bit skeptical. Wouldn't bank statements just show the net amount that was deposited? How would this service know what was withheld for taxes if you don't have paystubs showing the gross amount and deductions?

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Their calculations matched what I had roughly estimated within about $200 on a $65,000 income, which was close enough that I felt confident. They have algorithms that look for consistent payment patterns and can identify likely employment income versus other deposits. For irregular payment patterns, the system actually works quite well. You can add notes to explain certain deposits, and their analysis takes into account the variability. In my case, I had some months with bonuses that were higher than normal, and they correctly categorized those. Regarding withholdings, you're right that bank statements only show net amounts. What taxr.ai does is help you make reasonable estimates based on your previous year's withholding rates if you have that information. If you don't, they can suggest industry-standard withholding percentages. In my case, I had my 2021 W2, so we used those same withholding percentages for 2022.

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I was initially skeptical about using taxr.ai, but after trying it myself, I have to admit it saved me hours of stress and confusion. I was in a similar situation with a small employer who went out of business without sending W2s. I uploaded my bank statements to taxr.ai and was surprised at how accurately their system identified my work income from other deposits. Their report broke everything down month by month, which helped me feel confident I wasn't missing anything. The documentation they provided was incredibly detailed - it showed exactly how they determined which deposits were likely employment income and how the withholding estimates were calculated. When I filed using Form 4852, I felt 100% confident in the numbers. The peace of mind was worth it, especially since I was worried about potential audit flags from filing without a W2. Having that thorough documentation on my side makes me feel much more secure.

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I had nearly the identical problem last year and was pulling my hair out trying to reach the IRS for guidance. After days of constant busy signals, I found Claimyr (https://claimyr.com) and it literally saved my tax filing season. Basically, they have a system that gets you through to an actual IRS agent instead of waiting on hold for hours or getting disconnected. Check out how it works: https://youtu.be/_kiP6q8DX5c I was initially doubtful, but I was desperate after spending a week trying to get through on my own. I used their service and got connected to an IRS representative in about 20 minutes. The agent walked me through exactly what documentation I needed for Form 4852 and confirmed I could e-file with it. They also put a note in my file about my employer situation so there wouldn't be issues later. The IRS agent was actually super helpful once I could actually talk to one - they even sent a notice to my former employer about the missing W2!

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Wait, how does this service actually work? I don't understand how they can get you through when the IRS lines are jammed. Is this legit or some kind of scam?

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Sounds too good to be true. If they could really get people through to the IRS that easily, wouldn't everyone be using it? I've been trying to reach the IRS for 3 weeks about a completely different issue. What's the catch here?

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The service uses an automated system that continually redials the IRS using optimal calling patterns and waits on hold for you. When they reach a live agent, you get a call connecting you directly to that agent. It's completely legitimate - they're just using technology to handle the frustrating redial and hold process. There's no special access or backdoor to the IRS - they're calling the same numbers you would call. The difference is their system can keep trying constantly with perfect timing when call volumes are lowest, which is something most people can't do manually.

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I have to eat crow here. After being completely skeptical about Claimyr, I tried it out of desperation after two more days of failed attempts to reach the IRS. I'm shocked to report it actually worked exactly as advertised. I got a call back within about 35 minutes telling me they had an IRS agent on the line. The agent helped me understand exactly what I needed to do about my missing W2 situation. They confirmed I could use Form 4852 and explained how to calculate my income and withholding based on my available records. The agent also noted in my file that I had made multiple attempts to contact my employer without success. They said this note would be helpful if there were any questions about my return later. Honestly, the relief of actually speaking to a human at the IRS who could answer my specific questions was worth every penny. My tax return is now filed and I can stop stressing about this whole situation.

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If you know your previous year's income was similar, another option is to get a wage and income transcript directly from the IRS. It might be too early for 2022 info to be in their system yet, but it's worth checking. You can request these transcripts online at IRS.gov if you can create an account. They'll show all reported income and withholding from W2s and 1099s. If your employer did actually report your wages to the IRS despite not giving you a W2, this information will show up on the transcript. This saved me a few years ago in a similar situation!

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That's a great suggestion! I didn't think about checking for a wage transcript. Do you know how quickly these get updated in the IRS system after employers submit them? Like would my 2022 information already be available?

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The timing depends on when your employer submitted their information to the IRS. Employers are supposed to send W2 information to the IRS by January 31st, but if they're already being flaky about sending you your copy, they might be late with the IRS submission too. In my experience, wage and income transcripts for the previous year typically become available sometime between mid-February and late March, but it varies. It's definitely worth checking now since we're already in April. If your employer did file their information, it could save you from having to estimate and file Form 4852.

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One thing that hasn't been mentioned yet - after you file your taxes using Form 4852, your former employer might suddenly "find" and send you your W2, especially if the IRS contacts them. If this happens AFTER you've already filed, you might need to file an amended return (Form 1040-X) if the information on the W2 is different from what you reported. In my case, my ex-employer sent my W2 about 2 weeks after the filing deadline, and the actual withholding was about $300 more than I had estimated. I filed an amended return to get that additional refund. Just something to keep in mind - this might not be completely over even after you file!

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This happened to me too! My W2 showed up in June, long after I'd filed with Form 4852. My numbers were pretty close but not exact. Is filing an amended return difficult? I'm wondering if it's worth doing for a small difference.

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I went through this exact situation two years ago and it was incredibly stressful! One additional step you might want to try before going the Form 4852 route is contacting your state's Department of Labor or equivalent agency. They sometimes have more leverage with employers about wage and hour violations, and failing to provide W2s can be considered part of that. In my state, I filed a complaint online about my employer not providing my W2, and within a week the Department of Labor contacted my former employer directly. Suddenly my "unreachable" boss was able to send my W2 via email the next day! It's worth a shot since it's usually free and might save you from having to estimate your withholdings. Even if it doesn't work, you'll have additional documentation showing you tried every avenue to get your W2, which can be helpful if the IRS ever questions your Form 4852 filing. The other advice here about Form 4852 is solid though - if the Department of Labor route doesn't work, don't let it delay your filing. You have good options to move forward without the official W2.

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That's brilliant advice about contacting the Department of Labor! I never would have thought of that approach. It makes total sense that they'd have more authority to get employers to comply with their obligations. Do you remember roughly how long the whole process took from filing the complaint to getting your W2? I'm wondering if there's still time to try this route before I need to file my taxes. Also, did you have to provide specific documentation when you filed the complaint, or was it pretty straightforward to explain the situation? I have all those unanswered emails and messages I sent to my former boss, so I'm hoping that would be sufficient evidence of him being unresponsive.

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