How to Contact IRS When Employer Won't Provide W-2/1099?
I'm in a really frustrating situation after my recent divorce and need some guidance. Here's what's happening: 1. My employer from 2023 is refusing to give me my W-2 or 1099 (we had a disagreement when I left). 2. I've tried emailing HR twice and calling the office three times with no response. 3. I know I need to file my taxes, especially since I'm trying to get my finances in order post-divorce. 4. I've heard I can contact the IRS about this issue, but I'm not sure what to say when I call. Does anyone know exactly what prompts or options to select when calling the IRS about missing tax documents? And what specific information should I have ready when I speak to someone? I really want to handle this correctly.
13 comments
Nora Brooks
You're absolutely right to contact the IRS about this. Call their main number at 800-829-1040, available Monday through Friday from 7am to 7pm local time. When you call, follow these exact steps: 1. Select language option 2. Press "2" for questions about personal income taxes 3. Press "1" for questions about forms or tax history 4. Press "3" for all other questions 5. Press "2" for all other questions again 6. When asked for SSN, DON'T ENTER IT - just wait 7. You'll be prompted 2 more times, continue to wait 8. Press "2" for personal or individual tax questions 9. Press "4" for all other inquiries Have the following ready: your name, address, phone number, SSN, and any details about your employment (dates worked, estimated earnings, employer's name, address, and EIN if you know it). The IRS will typically send a form 4852 (substitute for W-2) and can initiate contact with your employer exactly 30 days after the January 31 deadline.
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Eli Wang
I went through something similar last year with a small business that closed down. When you talk to the IRS agent, do they contact your employer right away or is there some waiting period? I ended up waiting almost 3 weeks before anything happened.
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Cassandra Moon
Omg this phone tree is literally the worst. Tried calling last week and got disconnected 3x after waiting 45+ mins each time. The menu options change sometimes too. Def write down these steps tho, they're accurate rn. FWIW my issue was with a contractor who ghosted me after a project - IRS was actually super helpful once I finally got thru to a human.
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Zane Hernandez
This is exactly what I needed. I have all my information ready and will call first thing tomorrow morning. Appreciate the detailed steps.
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Genevieve Cavalier
Quick question. Do they need the employer's EIN? Not sure I have that. Will they still help without it?
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Jayden Reed
I'm sorry you're going through this difficult situation, especially after a divorce. It might be helpful to know a bit more about your employment arrangement. Were you classified as a W-2 employee or a 1099 contractor? The approach might be somewhat different depending on your classification, though in either case, your employer is generally required to provide your tax documents by January 31st. Also, have you perhaps checked the mail at your previous address if you moved after the divorce? Sometimes tax documents get sent to old addresses.
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Ethan Scott
Look, tax season is already halfway over and you need to act fast on this. I've been in your exact situation before - spent DAYS trying to get through the IRS phone system only to get disconnected or told the wait time was 2+ hours. Total nightmare! š (Though not really funny when you're trying to file) I finally tried Claimyr.com (https://youtu.be/_kiP6q8DX5c) which got me connected to an actual IRS agent in about 15 minutes. They navigate all those annoying phone menus and hold times for you. The agent walked me through filing Form 4852 (substitute for W-2) and even started the process of contacting my employer. Time is seriously running out to get this resolved for this tax season, so I'd recommend trying them ASAP rather than fighting the phone system yourself.
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Lola Perez
You can actually get your wage information directly from the IRS without dealing with your employer at all. I was in a similar situation on February 12th this year and found this completely free solution: 1. Create an account on IRS.gov and access your Wage & Income transcript 2. This shows all reported income from W-2s and 1099s filed under your SSN 3. Use this information to complete Form 4852 (Substitute for W-2) The IRS website has all your reported income data, and you can download the transcript for free. I saved myself so much stress once I discovered this option!
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Nathaniel Stewart
This is like finding water in the desert! I've been stressing about calling and dealing with hold times. Getting the transcript online is like skipping the line at an amusement park - straight to the information without the wait. Thanks for sharing this!
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Riya Sharma
Let me add some important details about using the Wage & Income transcript: 1. Create your IRS.gov account well in advance - identity verification can take 5-10 business days if you can't verify instantly 2. The transcript shows box-by-box breakdowns of all reported income 3. For 2023 taxes, transcripts are typically available by late March/early April 4. Download as PDF and keep for your records 5. Use Form 4852 if any information is missing 6. Attach Form 4852 to your tax return if you file by mail I've used this method for three years when dealing with problematic employers. Works flawlessly every time.
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Santiago Diaz
Have you tried sending a certified letter to your employer requesting the documents? Did your employer actually file the forms with the IRS, or are they completely avoiding their tax obligations? Did you keep any pay stubs or other records that might show your earnings for the year? The more documentation you have when you contact the IRS, the easier this process will be.
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Millie Long
According to IRS Publication 5027, if your employer doesn't provide your W-2 by January 31, you should: 1. Contact your employer first (which you've done) 2. Contact the IRS after February 14th 3. Be prepared to provide your employer's name, address, phone number, and EIN (if known) 4. Provide your dates of employment, estimate of wages, and federal income tax withheld The IRS will send a formal request to your employer. If you still don't receive your W-2, you'll need to file Form 4852 (Substitute for W-2) with your tax return. Under IRC Ā§6722, employers can face penalties of $50-$280 per form for failing to provide W-2s or 1099s to workers, so mention this if you speak to your employer again.
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KaiEsmeralda
I've seen this happen more times than you'd think. Most people don't realize employers sometimes do this deliberately hoping you'll just give up. Last year, someone in my tax prep group had THREE employers pull this stunt. The community wisdom here is: document everything, be persistent with the IRS, and don't let tax deadlines pass. File for an extension if needed, but don't skip filing altogether because of your employer's actions - that only hurts you in the long run with potential penalties and interest.
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