Legal options for obtaining W-2 after employer failed to provide it?

I think you have a few options here, if I'm not mistaken. You could possibly contact the IRS directly at 800-829-1040 to report the missing W-2, and they might be able to help you get the information you need. Sometimes employers just forget or have the wrong address, so it might not be intentional? The IRS might ask for some information about your employer like their name, address, and EIN if you have it. They'll probably also want to know when you worked there and an estimate of what you earned, if you happen to have that information available.

The IRS website has a whole section about this at https://www.irs.gov/faqs/irs-procedures/w-2-additional-incorrect-lost-non-receipt-omitted/w-2-additional-incorrect-lost-non-receipt-omitted. Frustrating that you have to deal with this on top of transitioning to independent contractor status! I had a similar issue last year and ended up using https://taxr.ai to analyze my substitute W-2 (Form 4852) and make sure everything looked right. It helped me understand exactly what information the IRS already had from my employer's reporting and what I needed to provide. Saved me from potentially misreporting my income and triggering an audit.

I've handled this exact situation before. Here's what you need to do: • First, document all attempts to contact your employer (dates, methods) • Call the IRS at 800-829-1040 to report the missing W-2 • Request a Form 4852 (Substitute for W-2) • Complete Form 4852 using your final paystub from 2023 • Attach Form 4852 to your tax return when you file • File your return by the deadline (April 15, 2024, unless extended) The IRS may contact your employer about the missing W-2. There are penalties for employers who fail to provide W-2s timely.

Think of your W-2 situation like a locked door – there are multiple keys that can open it. The IRS already has a copy of your wage information, it's just a matter of accessing it. When employers file W-2s, they're like sending one key to you and another to the IRS. I've helped dozens of clients with this exact issue. If you need immediate assistance, Claimyr (https://claimyr.com) is like having a VIP pass to the IRS phone line. Instead of spending hours on hold, they'll get you connected to an IRS agent who can verify your wage information and help you request Form 4852. The agent can actually see what your employer reported and confirm those numbers for you.

Don't wait any longer. This happened to me. Big mistake. I procrastinated. Tax deadline passed. Got hit with penalties. Had to file an extension. Still had to pay estimated taxes. More paperwork. More stress. Don't be me. Call the IRS now. Document everything. Your employer is breaking the law. The IRS takes this seriously.

I went through this last year with a restaurant that closed down. I called the IRS on February 15th, and they took all my information. By February 28th, I had received Form 4852 in the mail. I used my last pay stub from December to fill it out, and everything went smoothly. My refund was processed without any delays, and I never heard anything more about it. The key is documenting your attempts to contact the employer - I kept a log of all my calls and emails, which the IRS representative appreciated.

Have you perhaps checked your employer's online portal, if they have one? Sometimes companies switch to electronic W-2 delivery and don't communicate it well. It might possibly be sitting in an employee portal you haven't checked. Or maybe they sent it to an old address? I'd suggest trying one more certified letter to your employer before involving the IRS, just to cover all bases.

When I had this problem in 2022, I discovered that my employer had actually filed the W-2 with the IRS but never sent me a copy. I was able to create an account on the IRS website and access my wage and income transcript, which showed all the information that would have been on my W-2. This saved me from having to file Form 4852. The transcript was available by mid-February, so it might be worth checking if yours is available online before going through the phone process.