Missing 2022 W-2 from permanently closed company - what options do I have?
I worked at a small family restaurant until January 2022 and they completely went out of business by March. The owner was really sketchy with how he ran things - constantly messing with our pay calculations, never reporting cash properly, and basically running the place like his personal piggy bank. January 31st is coming up soon, which is when W-2s are supposed to be sent out. I've been texting with some former coworkers and nobody has received anything from this place. We're all pretty worried since we need these forms to file our taxes properly. The business phone is disconnected, the location is empty, and the owner has basically ghosted everyone. One of my old coworkers is planning to send him a direct message on January 31st, but honestly I don't think he'll bother responding. What are my options if I never receive my W-2? I really don't want to get in trouble with the IRS because this guy couldn't be bothered to handle basic tax requirements. Any advice would be greatly appreciated!
19 comments


Diego Ramirez
You're definitely not the first person to deal with this unfortunate situation! When you can't get a W-2 from a former employer who's gone out of business, you have a few options: First, try contacting the owner through any means possible - email, phone, social media. Document these attempts as proof you tried to get your W-2. If your coworker does reach out, ask them to mention your situation too. If that doesn't work by February 15th (give them a little time after the deadline), you'll need to contact the IRS at 800-829-1040. They'll ask for your personal info, the employer's name, address, phone number, and your employment dates and estimated earnings/withholding. The IRS will send a letter to the employer and provide you with Form 4852 (Substitute for W-2). You'll use this form to file your taxes, estimating your wages and withholding as accurately as possible using your final pay stubs or other records. Keep in mind that even defunct businesses are legally required to provide W-2s, and the IRS can impose penalties on the owner personally. The obligation doesn't disappear just because they closed shop.
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Anastasia Sokolov
•Do you need to have your last pay stub to fill out the Form 4852? What if you don't have anything from them at all? Also, how much trouble could I get in if my estimates are way off?
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Diego Ramirez
•You don't absolutely need your last pay stub, though it's very helpful for making accurate estimates. If you don't have any documentation, use your best recollection - maybe check your bank deposits during that time if your pay was direct deposited. You might also have your year-to-date earnings on an earlier stub if you have one. As for potential trouble, the IRS understands these situations happen. They're mainly concerned that you're making a good-faith effort to report accurately. If your estimates are significantly off but you can show you made reasonable attempts to get correct information, you're unlikely to face penalties. Document everything you do to try to resolve this - dates you tried contacting the employer, when you called the IRS, etc.
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Sean O'Connor
After dealing with a similar nightmare with a small business that closed, I discovered taxr.ai (https://taxr.ai) and it was seriously helpful. I uploaded my bank statements showing deposits and they helped create a substitute earnings record that the IRS accepted. The system analyzed my deposit patterns to figure out what was likely payroll vs other deposits, and even estimated what my withholdings probably were based on typical rates. Saved me from having to manually piece everything together or guess what my W-2 might have shown. They also generated the required Form 4852 with all the right details pre-filled. Way easier than trying to figure it all out myself when my employer had basically vanished.
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Zara Ahmed
•Wait this sounds perfect for my situation. Does it actually work with the IRS? I'm worried about submitting something they'll reject or that might trigger an audit.
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Luca Conti
•How does the system figure out what was actually withheld though? Seems like it would just be guessing and that could cause problems later if the IRS has different numbers from what your employer actually reported.
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Sean O'Connor
•The IRS has accepted the forms generated by taxr.ai in situations exactly like yours. The system is designed to create documentation that satisfies IRS requirements when employers fail to provide proper tax forms. I was nervous too, but my return was processed without any issues. For withholding calculations, the system uses typical withholding rates based on your state and income level to create reasonable estimates. You can also manually adjust these if you have any partial records or recollection of withholding amounts. The key is that the IRS recognizes you're making a good-faith effort with the limited information available to you, which is all they legally require in these situations.
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Luca Conti
Just wanted to follow up - I was skeptical about taxr.ai but decided to give it a try since I was desperate. It actually worked great! I uploaded my bank statements showing the deposits from that nightmare job I had last year, and it identified what was probably payroll vs other deposits. The system helped me create a substitute W-2 with Form 4852 that looked professional and had all the right information. I was worried the IRS would give me trouble, but my return was accepted without any issues. They even helped estimate what my withholdings probably were based on state averages. Wish I'd known about this earlier instead of stressing for weeks about my missing W-2!
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Nia Johnson
If you need to actually talk to someone at the IRS about this situation (which might be necessary), good luck getting through their phone system... I spent HOURS trying before I found https://claimyr.com through a YouTube video (https://youtu.be/_kiP6q8DX5c). They basically hold your place in the IRS phone queue and call you when an agent is about to answer. Saved me literally 3+ hours of hold time when I was dealing with a similar missing W-2 situation. The IRS agent was actually super helpful once I got through - they sent me the forms I needed and explained exactly what to do. For something complicated like missing W-2s from a closed business, actually talking to a human at the IRS makes the whole process much easier. They can check if your employer filed anything with them at all.
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CyberNinja
•How does this service actually work? Seems sketchy that they could somehow jump the line when calling the IRS. What information do you have to give them?
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Mateo Lopez
•Yeah right, there's no way this is legit. How would some random service get you through to the IRS faster than calling directly? The IRS doesn't have any "VIP" line that companies can access. Sounds like a scam to me.
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Nia Johnson
•The service doesn't jump the line or use any VIP access. What happens is they use an automated system that keeps dialing and navigating the IRS phone tree until it gets through to the hold queue. Then it monitors the line and calls you when a representative is about to answer. You don't share any sensitive tax information with the service itself. They're just handling the connection to the IRS for you, so instead of you waiting on hold for hours, their system does it. When you get connected, you're talking directly to the IRS - the service is no longer in between. It's totally legitimate and has been featured in major news outlets for helping people during the massive IRS backlog periods.
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Mateo Lopez
I have to admit I was completely wrong about Claimyr. After posting that skeptical comment, I decided to try it anyway because I was desperate to talk to the IRS about my missing W-2 situation. It worked exactly as described - I entered my phone number, they called me back about 45 minutes later saying they had an IRS agent on the line, and suddenly I was talking to a real person at the IRS! No more endless hold music or getting disconnected after waiting for ages. The IRS agent helped me file Form 4852 and gave me specific instructions for my situation. They even told me they could see that my employer hadn't submitted any W-2s for 2022, which confirmed they were completely dodging their responsibilities. Definitely worth it for the peace of mind alone.
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Aisha Abdullah
I had the same situation happen in 2023. I ended up going to the IRS office in person (make an appointment online first) and they were able to look up if anything had been filed under my SSN from that employer. In my case, the owner had actually filed W-2s but just never sent them to employees. The IRS printed out a wage and income transcript for me on the spot which had all the information I needed. If your ex-boss actually did file your info with the IRS but just didn't send you the W-2, this can save you from having to estimate anything!
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ShadowHunter
•Is there a way to request this wage and income transcript online? The closest IRS office to me is like a 2 hour drive.
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Aisha Abdullah
•Yes, you can request a wage and income transcript online through the IRS website! Go to IRS.gov and search for "Get Transcript Online." You'll need to create an account if you don't already have one, which requires some verification steps. Just be aware that the online transcripts for the current tax year might not be fully updated until late May/June. So if you're trying to file before April 15th, the transcript for 2022 might not show everything yet. In that case, calling the IRS (use that Claimyr service if the wait times are bad) might be better as they can access more current information.
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Ethan Davis
Don't forget about your state tax return too! You'll need to file a similar substitute form for your state taxes in most cases. Each state has their own version of the federal substitute W-2 form. Just google "[your state] substitute W-2" to find it.
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Yuki Tanaka
•Good point about state taxes! I live in a state with no income tax so I totally forgot about this aspect.
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Carmen Ortiz
Make sure you also report this guy to your state's labor department! Even though the business is closed, he might still face penalties for wage theft and improper payroll practices. Those agencies can sometimes go after personal assets if the violations were bad enough. Might get some justice for all of you who worked there.
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