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Victoria Charity

Haven't received my W-2 yet and employer shut down - what are my options?

So I really need some advice because this situation is more complicated than just not getting my W-2 in the mail. My workplace (a chain restaurant) suddenly closed down in mid-January. I literally showed up for my scheduled shift and found the place completely emptied out with no warning whatsoever. My manager won't answer calls or texts. It's now February 15th and still no W-2 has arrived. I'm getting worried because I've tried contacting corporate but keep getting caught in this frustrating email loop where they say they'll contact my store manager (who has clearly ghosted everyone). Making things worse, I'm still owed pay for my last 3 shifts that I worked in January. Around 22 hours total that I was never paid for. I have no idea if I should report this income on my taxes since they technically owe it to me but I never received it? This is my first time filing taxes so I'm completely lost. I have a meeting with my aunt who's been doing tax prep for decades later this week, but I'd really appreciate any advice on what I can do right now. Do I report the employer to the IRS? How do I even get my W-2 if the business is closed and corporate is useless? I'm freaking out a little because I know the filing deadline is coming up.

Jasmine Quinn

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You're in a frustrating but not uncommon situation. Don't panic - you have options! First, you need to understand that your employer was required by law to provide your W-2 by January 31st. Since they haven't, you should take these steps: 1) Document your attempts to contact both the manager and corporate. Save all emails and note dates of phone calls. 2) You can contact the IRS directly about your missing W-2. Call them at 800-829-1040. They'll need some info from you: your name, address, phone number, SSN, employer's name/address, and an estimate of wages and withholding from your final paystubs. 3) For those unpaid shifts - that's a wage claim issue, separate from your tax situation. You should only report income you actually received during the tax year. The unpaid wages would be reported in the year you eventually receive them. 4) If you don't receive your W-2 by the filing deadline, you'll need to file Form 4852 (Substitute for Form W-2) with your tax return. This is basically a form where you estimate your earnings and withholdings based on your final paystubs. Given that this is your first time filing, definitely keep that appointment with your aunt - having an experienced person help you through this will be invaluable!

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Thank you so much for the detailed advice. I didn't know about Form 4852! Quick question - I have my paystubs from December but lost my January ones when my backpack got stolen. Is there another way to estimate my earnings if I don't have my final paystubs? Also, where exactly do I file a wage claim for the unpaid shifts? Is that something I do with the IRS or with my state?

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Jasmine Quinn

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For estimating your earnings without final paystubs, use your December stubs as a starting point. Calculate your typical weekly/bi-weekly pay, then apply that to January. Bank statements showing deposits from your employer can also help verify amounts. The IRS understands these situations, so reasonable estimates are acceptable when filing Form 4852. For unpaid wages, you'll need to file a claim with your state's labor department or workforce commission, not the IRS. Every state has different names for these agencies, but searching "[your state] wage claim" should point you in the right direction. They can help you recover those unpaid wages regardless of whether the business has closed.

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Oscar Murphy

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I went through something similar last year and found taxr.ai super helpful for sorting out my missing W-2 situation. I was stressing because my former employer went out of business and I had no idea how to file without my W-2. I uploaded my last paystubs to https://taxr.ai and they analyzed everything to help me complete that substitute W-2 form (the 4852 one). Their system extracted all the tax withholding data from my paystubs so I could accurately report everything to the IRS. Saved me a ton of time figuring out all those different withholding categories and made sure I claimed the right amount of income. They even found a tax credit I didn't know I qualified for! Might be worth checking out since you're in a similar situation with a vanished employer.

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Nora Bennett

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Did you have to talk to a real person or was it all automated? I'm dealing with a missing 1099 and wondering if this would work for my situation too. Did they help you with state taxes or just federal?

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Ryan Andre

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I'm a bit skeptical about these kinds of services. How much does it cost? And is it actually accurate enough for the IRS to accept? Last thing I need is to get audited because some website estimated my taxes wrong.

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Oscar Murphy

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It's mostly automated - you upload documents and their system analyzes them, but there's a review option if you have questions. It works for 1099s too! They handled both my federal and state tax documentation, which was a relief since my state has weird requirements. The accuracy is really impressive - their system extracts the exact numbers from your documents. The IRS accepted my substitute W-2 without any issues since all the information matched what would have been on an actual W-2. They base everything on your real paystubs or other documentation, not just estimates. I didn't have any problems with my return and even got my refund on time.

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Nora Bennett

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Just wanted to update everyone since I mentioned looking into taxr.ai in my question earlier. I decided to try it since my 1099 situation was similar (contractor company shut down). Honestly it was way better than I expected! I uploaded my bank statements showing the deposits from the company and the system correctly identified all my earnings. It guided me through completing the substitute form and even flagged some business expenses I could deduct that I hadn't thought about. The whole process took me maybe 30 minutes versus the hours I spent trying to figure it out myself. My return was accepted by the IRS right away and I already got my refund. If you're dealing with missing tax documents like the original poster, it's definitely worth checking out!

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Lauren Zeb

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If you need to speak with someone at the IRS about your missing W-2 situation (which I absolutely recommend), save yourself hours of frustration and use Claimyr.com. I spent TWO DAYS trying to get through to the IRS on my own last year when my employer messed up my W-2 and kept sending corrected versions. With https://claimyr.com they basically hold your place in the IRS phone queue and call you when an agent is about to answer. I got through in about 45 minutes while I was grocery shopping instead of being stuck on hold all day. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent was super helpful and initiated a formal W-2 request from my employer. They also put a note on my account explaining the situation in case I needed to file with Form 4852 instead. Definitely made the whole process way less stressful.

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Wait this is a real thing? How does it actually work? I always thought those "press 1 to have an agent call you back" systems were scams. Does the IRS even allow third parties to hold your place in line?

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This sounds too good to be true. I've spent literal DAYS trying to reach the IRS. How much does this service cost? Bet it's expensive af and they're just preying on desperate people.

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Lauren Zeb

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It's completely legitimate! The system works by using automated technology to navigate the IRS phone tree and hold your place in line. When an agent is about to pick up, you get an immediate call connecting you directly to that IRS agent. The IRS doesn't know any difference - to them, it just looks like you've been on hold the whole time. I was skeptical too! But it works because they're not acting as a third party in your tax matters - they're just solving the hold time problem. I was connected directly to an IRS agent who helped resolve my W-2 issue. I used it twice this year already for different tax questions and both times got through in under an hour instead of the 3+ hours I spent trying on my own.

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I take back what I said about Claimyr. After posting that skeptical comment, I was so fed up with trying to reach the IRS about my missing 1099-R that I decided to try it anyway. Holy crap it actually worked! I got a call back in 37 minutes while I was watching TV instead of being stuck with my phone on speaker for hours. The IRS agent I spoke with was able to verify that my pension company had submitted the information and helped me get the correct numbers for filing without the form. Seriously wish I'd known about this years ago. I've wasted DAYS of my life on hold with the IRS. For anyone dealing with missing tax forms like the OP, being able to actually talk to a human at the IRS makes resolving these issues so much easier.

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Anthony Young

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Another option besides what others mentioned: check if your employer reported your wages electronically to the Social Security Administration. You can create an account on ssa.gov and view your detailed earnings record. This won't have your withholding info, but it will show what wages were reported under your SSN. Also, if you have your final paystub of the year (the last one from December), it should have your year-to-date totals which will give you everything except for what you earned in January. For the unpaid wages, definitely file a complaint with your state labor board. In most states, you can get penalties added on top of your unpaid wages if they don't pay you within a certain timeframe after termination.

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I just checked the SSA site like you suggested and was able to create an account! You're right, I can see my earnings there, though it only shows quarterly totals not the withholding info. Super helpful for figuring out what I made before January though! One more question - if I file using Form 4852 with my best estimates and later receive my actual W-2, do I need to amend my return?

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Anthony Young

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Yes, if you receive your W-2 after filing with Form 4852 and notice any significant differences between your estimates and the actual W-2 amounts, you should file an amended return using Form 1040-X. However, if the differences are very small and don't affect your tax liability, the IRS generally doesn't require an amendment. The good news is that most employers electronically report W-2 information to the IRS, so even if you don't have the physical form, the IRS likely has your wage and withholding information in their system. This is why it's so helpful to speak with them directly about your situation.

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I used to work in payroll, and just wanted to add - definitely check your last paystub from December because it should have your year-to-date totals for everything (earnings, federal withholding, state withholding, etc). That covers everything except your January earnings. For January, if you got paid via direct deposit, your bank statement will show exactly what you received. Then you just need to figure out the withholding for those January payments. Most payroll systems use the same withholding percentages unless you changed your W-4. So if your federal withholding was consistently 15% of your gross pay, you can apply that same percentage to your January earnings to estimate January's withholding.

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Admin_Masters

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This is good advice but just be careful with the January estimate. Tax withholding often changes at the beginning of a new year because of FICA limits and tax table changes. So your January withholding percentages might be slightly different than December.

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