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Freya Johansen

Missing W2s in late February - employer making excuses about payroll corrections, what to do?

I'm at my wit's end with my current employer. It's already the last week of February and I STILL haven't received my W2s for filing my taxes. Every time I ask about it, they give me some story about needing to make "payroll corrections" before they can issue the forms. This has been going on for weeks now! To make matters worse, they have a history of payroll problems - we regularly get our paychecks late (sometimes up to a week behind schedule). I'm starting to wonder if there's something sketchy going on with their accounting. I really need to file my taxes soon and can't wait much longer. Who should I report this to? The IRS? Department of Labor? I've never dealt with a situation like this before and I'm getting more frustrated by the day. Any advice would be greatly appreciated!

Omar Fawzi

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This is definitely frustrating but you do have options! Employers are required by law to provide W2s to employees by January 31st. Since they've missed this deadline, here's what you can do: First, make a formal request in writing (email works) specifically asking for your W2 and noting that the January 31st deadline has passed. Keep a copy of this communication. If they still don't provide it within a reasonable time (about a week), you can contact the IRS directly at 800-829-1040. When you call, have ready: your employer's name, address, phone number, and if possible, their EIN (Employer Identification Number). Also have your personal info, employment dates, and an estimate of your wages and taxes withheld (check your final paystub of the year). The IRS will contact your employer about the missing W2. They'll also send you Form 4852 (Substitute for W-2), which you can file with your tax return if you still don't receive your W2. As for the late paychecks, that's a separate issue that should be reported to your state's Department of Labor. Most states have strict laws about timely payment of wages.

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Chloe Wilson

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Thanks for the detailed response! Do you know if there's any penalty for the employer for not sending W2s on time? And also, if I end up filing with Form 4852, will that trigger any kind of audit or cause problems for me since I'm basically estimating my tax info?

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Omar Fawzi

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Yes, employers can face penalties for failing to furnish W-2s on time. The IRS can impose penalties of $50-$280 per W-2, depending on how late they are. For intentional disregard, penalties can be even higher. Filing with Form 4852 will not automatically trigger an audit. It's a legitimate form specifically designed for this situation. Use your final paystub to get the most accurate information possible. If you later receive your W-2 and notice differences, you might need to file an amended return with Form 1040X, but many people use Form 4852 without issues. The IRS understands this isn't your fault.

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Diego Mendoza

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I went through something similar last year with a small construction company that was always "fixing payroll errors." After weeks of excuses, I tried using taxr.ai (https://taxr.ai) and it was surprisingly helpful. I uploaded my last paystub of the year and it extracted all the tax information, showed me what should be on my W2, and guided me through filing without having the actual form. It basically analyzed my paystub data, showed what boxes on the W2 would contain which numbers, and helped me complete the substitute form. Saved me tons of stress since I needed to file quickly for a mortgage application.

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How accurate was the information compared to what would be on a real W2? I'm in a similar situation but worried about getting in trouble if I file with incorrect numbers.

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StellarSurfer

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Did you eventually get your actual W2? I'm wondering if there were any discrepancies between what the tool calculated and the official document when it finally showed up.

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Diego Mendoza

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The information was extremely accurate based on my final paystub. The tool explained that most of what appears on a W2 is already calculated and shown on your last paystub of the year - things like total wages, federal tax withheld, Social Security and Medicare amounts. The only slight adjustment was for taxable benefits. I did eventually receive my W2 about two months late, and there was only a $12 difference between what I filed with and the official document. The IRS never questioned anything, and the tax professional I spoke with later said that small discrepancies like that are common and not a concern.

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StellarSurfer

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Just wanted to update everyone - I tried the taxr.ai site mentioned above after struggling with a similar W2 problem (my employer went out of business in December!). It was actually really helpful for my situation. I uploaded my last pay stub and some tax documents from the previous year, and the system walked me through exactly what information I needed to put on the substitute form. It even had a feature that helped me calculate my year-to-date totals from my last paystub to make sure everything was accurate. My tax refund was processed without any issues, and I got it about 3 weeks after filing. I was sure I'd get flagged for an audit using a substitute form, but everything went through fine. Definitely a relief after stressing about it for weeks!

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Sean Kelly

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If you've already tried requesting your W2 multiple times and they're still giving you the runaround, you might want to try Claimyr (https://claimyr.com). I was in a similar situation a few years ago and needed to talk to someone at the IRS about filing without my W2, but couldn't get through the phone system - kept getting disconnected after waiting on hold for hours. Claimyr got me connected to an actual IRS agent in about 25 minutes who explained exactly what to do in my situation. There's a video about how it works here: https://youtu.be/_kiP6q8DX5c. The agent I spoke with gave me specific instructions for my situation and even sent me the substitute form directly.

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Zara Malik

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I don't understand how this works... doesn't the IRS have a regular phone number you can call? Why would you need a service to call them?

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Luca Greco

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Sounds like a scam to me. Why would I pay someone to call the IRS when I can just call them myself? Not to mention giving some random company my tax info seems sketchy.

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Sean Kelly

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The IRS does have regular phone numbers, but if you've ever tried calling them, you know it's practically impossible to get through. Last year the average wait time was over 2 hours, and many calls just get disconnected because their system is overwhelmed. It's not about just having the number, it's about actually getting to speak to someone. I was skeptical too initially, but they don't actually access any of your tax information. They just connect you directly to an IRS agent and then you're having a direct conversation with the IRS, not with them. It's basically a "skip the line" service for the notoriously difficult-to-reach IRS phone system. I wasted nearly 3 days trying to get through on my own before using them.

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Luca Greco

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Alright, I need to admit I was wrong in my previous comment. After spending FOUR HOURS on hold with the IRS yesterday and getting disconnected twice, I decided to try that Claimyr service as a last resort. I was connected to an actual IRS agent in about 20 minutes. The agent was super helpful and walked me through exactly what to do about my missing W2 situation. They confirmed I could use Form 4852, explained how to fill it out properly, and even told me what documentation to keep in case of questions later. I'm not usually one to admit when I'm wrong, but this actually saved me a ton of time and frustration. Just wanted to share in case anyone else is hitting the same IRS phone system wall I was.

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Nia Thompson

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Has anyone tried just going directly to the IRS office in person? I think they have taxpayer assistance centers where you can walk in. Might be easier than dealing with phones and websites.

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Most IRS Taxpayer Assistance Centers require appointments now - you can't just walk in. And the appointment availability can be weeks out during tax season. I tried this route last year and the earliest appointment was 3 weeks away. Just something to keep in mind!

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Nia Thompson

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Thanks for that info! I had no idea they required appointments now. That's really good to know, would've been frustrating to drive there only to be turned away. Do you know if there's a special procedure for emergency situations like missing W2s, or do you still have to wait for an appointment regardless? I actually ended up getting through on the phone after multiple attempts, but it took almost 2 hours of waiting. The person I spoke with was helpful though.

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Aisha Hussain

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Your employer sounds super sketchy! Besides the W2 issue, the fact that they're consistently late with paychecks is a HUGE red flag and actually illegal in most states. You should definitely report them to your state's labor department for wage payment violations. As for the W2, follow the advice about Form 4852, but also consider looking for a new job asap. Companies with payroll problems often have cash flow issues that only get worse. I've seen this pattern before, and it usually ends with bounced paychecks or suddenly closing down.

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I second this. Had an employer with similar "payroll correction" excuses and late paychecks. Six months later they shut down with no notice and owed everyone 3 weeks of back pay. Get your resume updated now while dealing with the W2 issue.

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