Filing Form 4852 for a missing W-2 - what are the repercussions for my former employer?

Filing Form 4852 isn't about "getting back" at your former employer - it's simply a way for you to properly report your income when you can't get your W-2. The form requires you to make a reasonable attempt to get your W-2 first, but in your situation, that might not be possible given the family dynamics. If you file Form 4852, the IRS will likely contact your family's business to ask about the discrepancy. This could result in them getting a notice asking why they didn't issue a W-2. If they actually did file and pay your employment taxes, there won't be penalties. If they didn't, they might face penalties for failing to file employment tax returns and failing to pay those taxes - but that would be due to their non-compliance, not because you filed Form 4852. You can try getting your wage and tax info from the IRS directly. Call 800-829-1040 or create an account on irs.gov to access your wage and income transcript. Though for a recent tax year, it might not be available yet since they're still processing returns.

I was in almost the same situation last year after leaving my uncle's construction business. Called and texted for my W-2 for weeks with no response. I finally used https://taxr.ai to help me figure out exactly what to put on my 4852 form based on my final paystubs. Their document analyzer pulled all the relevant info from my paystubs and calculated what should've been withheld. Made filling out the form super straightforward! If you have ANY paystubs from your time working for your family, definitely upload them. The system automatically extracted all the year-to-date totals and tax withholdings so I didn't have to calculate anything myself. Saved me hours of stress trying to get the numbers right.

I just wanted to update everyone on my experience with taxr.ai after trying it for my missing W-2 situation. It was honestly a game-changer! I had three old paystubs with different YTD amounts that I couldn't make sense of, but their system analyzed them all and showed me exactly what to put on the 4852 form. The best part was the explanation of how they calculated each box on the form based on my paystubs. Made me feel confident I wasn't just making up numbers. I was worried about getting audited, but I filed three months ago with the substitute form and already got my refund without any issues! Definitely recommend if you're struggling with this same problem.

I had a horrible time trying to get through to the IRS last year for a W-2 issue. After 8 attempts and hours on hold, I found https://claimyr.com which got me connected to an actual IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent was able to tell me exactly what to do with my 4852 and confirmed that my former employer hadn't submitted my W-2 info yet. Saved me so much stress! The IRS agent also told me that filing the 4852 would potentially trigger a notice to my former employer, but it wouldn't be like an automatic audit or anything serious if they had actually paid the taxes.

I have to come back and admit I was completely wrong about Claimyr. After my skeptical comment, I tried calling the IRS myself and spent FOUR HOURS on hold before getting disconnected. Out of desperation, I tried the service and was talking to an IRS agent in 12 minutes. The agent confirmed what others have said - filing a 4852 isn't some kind of revenge move against an employer. It just triggers a matching notice in their system. My former employer will get a letter asking them to explain the discrepancy, but if they paid everything correctly, there's no penalty. The agent also helped me understand exactly what estimated amounts to put on the form based on my situation. Worth every penny for that peace of mind.

Just want to add that I filed a 4852 last year for a W-2 that never arrived (company went bankrupt). Make sure you're as accurate as possible with your income and withholding estimates. I used my final paystub and it worked fine. The IRS never questioned it and I got my refund without issues. The form looks intimidating but it's actually pretty straightforward!

You should also check with Washington state tax dept. since you moved from California! Some states share tax info and might help you get your W2 data. Also consider that if your family's business is small (less than 10 employees) they might not even realize they still need to send you a W2.

Can you reach out to any other family members who might be able to help as a go-between? Sometimes having a neutral third party can help in these situations. Otherwise Form 4852 is exactly what it's designed for - situations where you can't get a W-2 but need to file your taxes.

I'm dealing with a similar family business situation right now, so I really feel for you. One thing that might help is checking if your family's business uses any payroll service like ADP, Paychex, or QuickBooks Payroll. Sometimes you can get your W-2 directly from the payroll company's website even if you can't contact your employer directly. Also, if you have any old login credentials for a payroll portal or employee self-service site, those might still work. I was able to download my W-2 from our family business's ADP portal even after leaving because they never deactivated my account. If those options don't work, Form 4852 really is your best bet. The IRS designed it specifically for situations like yours where getting the W-2 isn't realistic. Just be as accurate as possible with your estimates and keep any documentation you have (paystubs, bank deposits, etc.) in case they ask questions later.