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Nia Thompson

How to file taxes without a W2 from employer?

I started working at this family-owned restaurant that opened back in July 2023, and they're completely new to running a business. Long story short, they've been totally overwhelmed and haven't provided me with a W2 for this tax season. I want to make sure I'm reporting all my income correctly, so I did some research and found that I might need to use Form 4852 and Form 1040. Are these the only forms I need to fill out to properly report my income from this job? I've always just plugged my W2s into TurboTax in the past, so I'm not really familiar with doing anything more complicated than that. For context, I've held two other jobs during the year and already received W2s from both (still working at one of them). Historically, I've never made enough to actually owe taxes - I've always received a refund, and based on my earnings this year, I expect that'll be the case again. Just want to make sure I'm doing everything right and not missing any forms or steps for reporting this restaurant income. Thanks for any help!

You're on the right track! Form 4852 is exactly what you need when an employer fails to provide your W2. It's basically a substitute W2 that you fill out yourself based on your own records. Here's what you'll need to do: 1) Gather all evidence of your income from this restaurant job - pay stubs, direct deposit records, bank statements showing deposits, etc. 2) Complete Form 4852 with your best estimates based on these records. Be as accurate as possible with the amounts earned and taxes withheld. 3) Then file your regular Form 1040 tax return as usual, including this Form 4852 along with your other W2s. You should also contact the IRS about your missing W2. They might reach out to the restaurant owners to remind them of their legal obligation. The restaurant owners need to understand that failing to provide W2s is actually a serious violation that can result in penalties. Even if you're expecting a refund, filing correctly is important to ensure your Social Security earnings are properly credited to you.

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Aisha Hussain

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Thanks for the info! Do you know if this will delay my refund? I was planning to file in February and usually get my refund pretty quickly. Also, will this trigger any kind of audit or extra scrutiny from the IRS?

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Using Form 4852 might delay your refund slightly since the IRS may take additional time to process returns with substitute W2 forms, but it shouldn't be significant. Most refunds are still issued within 21 days of acceptance. Filing with Form 4852 doesn't automatically trigger an audit, but make sure your income estimates are as accurate as possible. Having good documentation (pay stubs, bank deposits) is important in case questions arise later. The IRS is much more concerned with people who don't report income than with those making good-faith efforts to report everything correctly when employers drop the ball.

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After struggling with a similar situation last year (my employer went out of business without sending W2s), I found an amazing solution with https://taxr.ai that saved me hours of stress. It analyzed my pay stubs and bank statements, then helped me calculate exactly what should go on my Form 4852. The tool even flagged inconsistencies in my withholding that I would have missed! What's really nice is that it walks you through exactly what documentation you need to keep in case the IRS has questions later. They have special guidance for restaurant workers too, since your situation is pretty common in that industry. The system knows exactly what the IRS is looking for when you file without an official W2.

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Ethan Brown

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How accurate was it compared to your actual earnings? I've tried other calculators before and they were way off. Also, does it help you figure out your tip income if that wasn't properly reported?

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Yuki Yamamoto

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Sounds interesting but I'm skeptical. Couldn't you just use your last pay stub of the year to get all the same information? That's what I did when my W2 was late one year and it worked fine.

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The accuracy was spot-on when I compared it against my pay stubs and bank deposits. Unlike basic calculators, it handles variable income patterns which was perfect for my irregular hours. It actually identified some inconsistencies in my employer's withholding that I would have missed otherwise. Regarding tip income, yes - that's actually one of the best features for restaurant workers. It has a specific module for calculating and properly reporting tips, including both cash and credit card tips. It helps create a documentation trail in case there are questions later, which gave me peace of mind since tip reporting can be a red flag area.

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Yuki Yamamoto

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I was totally in the same boat as you last year - small business employer, no W2 in sight. After seeing the recommendation here, I tried taxr.ai and was shocked at how well it worked. I was honestly just expecting some basic calculator, but it walked me through everything step by step. The most helpful part was that it specifically identified which documentation I needed to keep to support my 4852 form. When I called the IRS helpline later to check on my refund status, they asked me one question about my filing and I had the exact document they wanted because taxr had told me to keep it handy. My refund wasn't even delayed! The peace of mind was worth it because I was stressing about making a mistake and getting in trouble.

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Carmen Ruiz

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If you're struggling to get your employer to produce a W2, you might want to try getting through to the IRS directly using https://claimyr.com. I spent WEEKS trying to get through to the IRS about a similar issue last year - kept getting disconnected or waiting for hours. Found this service through a friend and got connected to an actual IRS agent in 20 minutes! You can see how it works at https://youtu.be/_kiP6q8DX5c. The IRS agent told me they could put pressure on my employer to issue the W2, and they also confirmed exactly how to fill out the 4852 in the meantime. They even gave me information about getting my previous years' wage info verified, which I didn't even know was possible.

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How does this actually work? I've called the IRS dozens of times and just get the "due to high call volume" message and get disconnected. Does this service just keep calling for you or something?

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Zoe Dimitriou

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Carmen Ruiz

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It uses a system that monitors IRS phone lines and gets you in the queue at the exact right moment. It's not just auto-dialing - their technology identifies actual open slots in the IRS phone system. Once it gets through, it calls you and connects you directly to the IRS agent. No more busy signals or getting disconnected after waiting for an hour. The service isn't calling the IRS for you - you're still the one talking to the IRS directly. It just handles the impossible part of getting through their overloaded phone system. I was skeptical too until I tried it and was talking to an actual human at the IRS in under 20 minutes after weeks of failed attempts. The agent I spoke with gave me specific guidance for my missing W2 situation that I couldn't find anywhere online.

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Zoe Dimitriou

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I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it as a last resort since I was getting desperate with my tax situation. Not only did I get through to the IRS in about 15 minutes, the agent I spoke with was incredibly helpful. She confirmed that filing Form 4852 was the right approach for my missing W2, but also told me about Form 3949-A which I could submit to report my employer for failing to provide tax documents. She even looked up my wage and income transcript from their system to help me verify the numbers I was using on my substitute W2. The IRS actually ended up contacting my employer, and miraculously, my W2 showed up a week later. Saved me from having to estimate everything and potentially deal with corrections later.

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QuantumQuest

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One thing nobody mentioned - make sure you've contacted your employer in writing requesting the W2 (email or certified letter) before you file Form 4852. The IRS will ask if you've done this, and you need to document your attempts to get the original W2. Also, have you checked if they submitted your W2 electronically? You might be able to access it through the IRS website by creating an account at irs.gov and checking your wage and income transcript. Sometimes employers file electronically but don't mail paper copies.

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Nia Thompson

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That's really good advice about documenting my attempts to get the W2! I've been asking them verbally every week but haven't put anything in writing. I'll send an email today and keep a copy. I didn't know about checking the IRS website for electronically filed W2s. I'll definitely create an account and check that out. Would it show up there even if the restaurant owners are new to filing this paperwork? Maybe they submitted it correctly to the IRS but just didn't know they needed to give me a copy?

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QuantumQuest

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Yes, documenting your requests in writing is crucial. Save copies of your emails or get a receipt for any certified mail you send. This protects you by showing you made good-faith efforts to get your W2 properly. If they did file electronically with the IRS, it should eventually show up in your wage and income transcript, but there can be delays, especially during tax season. New business owners might indeed have filed correctly with the IRS but not realized they need to provide copies to employees. That happens more often than you'd think. The transcript approach is worth checking, but it might not show recent filings immediately - sometimes it takes weeks or even months for newly filed information to appear in your transcript.

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Dont forget about state taxes too! The Form 4852 is just for federal, you might need to do something similar for your state return. Each state has different requirements for missing W2 situations.

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Mei Zhang

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Good point! When I had this problem in Michigan, I just attached a copy of the federal 4852 to my state return with an explanation letter. But my friend in California had to fill out a separate state form.

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