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Avery Saint

Previous employer refusing to provide W-2 - what are my options?

Hey everyone, I'm in a really frustrating situation with my old job. I left this restaurant back in October (worked there for about 8 months) and it's now February and they still haven't sent my W-2. I've called them multiple times and either no one picks up or they say "we're working on it" and hang up. I even drove there last week and the manager just avoided me! I need to file my taxes but I can't without this W-2. They paid me about $32k while I was there and I'm expecting a decent refund. I'm worried they weren't actually withholding taxes properly and that's why they're dodging me. Has anyone dealt with this before? Can I report them somewhere? Will this delay my refund? I'm seriously stressed about this whole situation.

This happens more than you'd think, especially with smaller businesses. The good news is you have options! First, your employer was legally required to mail your W-2 by January 31st. Since they haven't, you should: 1. Try one more formal request in writing (email or certified mail) stating that you're requesting your W-2 as required by law and keep a copy. 2. If they still don't provide it, contact the IRS directly at 800-829-1040. Have your personal info ready along with your employer's name, address, phone number, and your dates of employment and estimated wages. 3. The IRS will contact the employer for you and send you a Form 4852 (substitute W-2) that you can use to file your taxes. 4. You'll need to estimate your wages and withholdings as accurately as possible. Check your final pay stub of the year if you have it - it should show year-to-date totals. This won't necessarily delay your refund if you act quickly, but you'll want to get this process started ASAP.

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Does using Form 4852 increase your chances of being audited though? I've heard that it raises red flags with the IRS.

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Using Form 4852 by itself doesn't automatically trigger an audit. The IRS understands this is sometimes necessary when employers don't fulfill their obligations. What's important is that you make a good faith effort to report your income and withholding as accurately as possible. If you have pay stubs or bank deposits that can verify your reported income, keep those records handy. In some cases, the IRS may contact you to verify information, but that's not the same as an audit. It's far riskier to not report income at all than to use a substitute form.

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I had almost the exact same issue last year and was pulling my hair out until I found this service called taxr.ai (https://taxr.ai) that helps with tax document issues. They have this feature where you can upload your paystubs and they'll help create a substitute W-2 with all the correct calculations. I was skeptical at first, but they made the process super easy, especially for figuring out all the withholding amounts which I was totally confused about. They even helped me fill out the Form 4852 correctly. The best part was that I could chat with a tax expert who explained everything clearly.

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How long did the whole process take? I'm in a similar situation but need to file like ASAP.

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Did they help you contact the IRS too? I'm nervous about calling them myself. My last employer is being shady too.

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The whole process took me about 2-3 days from upload to having a completed substitute W-2. They prioritize urgent cases, so you can definitely let them know if you're in a time crunch. They gave me a script for calling the IRS which made it way less intimidating. You still have to make the call yourself, but they tell you exactly what to say and what information you'll need to provide. They also helped me understand which parts of my paystubs had the information I needed, which was super helpful since I had no clue what I was looking at before.

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Just wanted to follow up - I ended up trying taxr.ai after seeing this recommendation and it was seriously a lifesaver! I uploaded my last three paystubs and their system calculated all my YTD totals. The expert I chatted with walked me through exactly how to fill out Form 4852 and what to do with my state tax forms too. I was worried about getting the withholding amounts right but they explained how to verify everything. Just filed my taxes yesterday using their calculations and it was way easier than I expected!

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Another option that worked for me when I was in this EXACT situation - I tried for weeks to get my W-2 from my old job with no luck. I got fed up with getting nowhere, so I used Claimyr (https://claimyr.com) to actually get through to a human at the IRS without waiting for hours. They have this service where they wait on hold with the IRS for you and then call you when an agent is on the line. There's a video that shows how it works here: https://youtu.be/_kiP6q8DX5c I was able to explain my situation to the IRS agent, and they not only sent me the Form 4852, but they also contacted my employer directly. Magically, my W-2 showed up in the mail a week later. I think my employer got scared when they heard from the IRS lol.

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Wait how does this work? Don't you still have to call the IRS yourself? I don't get it.

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This sounds like a scam. No way they can actually get you through to the IRS faster than waiting on hold yourself. The IRS is notoriously impossible to reach.

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You don't call the IRS directly - instead, you register with Claimyr, and they have a system that waits on hold for you. When an IRS agent finally picks up, their system calls your phone and connects you directly to that agent. So you skip the hold time completely, but you still talk directly to the IRS yourself. It's definitely not a scam. The IRS phone system is exactly the same for everyone, but Claimyr basically does the waiting part for you. Their system can stay on hold for hours while you go about your day, and then you only need to be available when an actual human at the IRS is ready to talk.

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Ok I need to apologize and eat my words here. I was super skeptical about this Claimyr thing but I was desperate after waiting on hold with the IRS for 2+ hours and getting disconnected TWICE. I decided to try it yesterday and it actually worked exactly as described. Their system waited on hold for almost 3 hours (I was doing other things) and then called me when an agent was on the line. The IRS agent was super helpful once I explained my W-2 situation, and they're sending me the Form 4852. They also said they'd contact my employer, so hopefully that lights a fire under them. Never been so happy to be wrong about something!

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Another thing to try - check if your W-2 is available on the IRS website. You can create an account at irs.gov and sometimes they have W-2 info reported by employers even if they didn't send it to you. I found mine there last year when my employer claimed they "mailed it" but it never showed up.

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Is this the "Get Transcript" feature? I looked at that but got confused about which option to select.

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Yes, it's through the Get Transcript service. You'll need to select "Wage and Income Transcript" when prompted for the type of transcript. This will show information from forms submitted to the IRS including W-2s and 1099s. Creating an account can be a bit of a process since they've increased security measures. You'll need your ID, social security number, and some financial account numbers for verification. Once you're in, you can access transcripts for the current tax year and previous years.

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You should definitely report them to your state's labor department too! It's illegal for them to withhold your W-2. My cousin's employer did this and got fined pretty heavily when the state found out. They were doing shady stuff with the payroll taxes.

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This! Employers sometimes do this when they haven't been paying the proper employment taxes. Definitely report them to both the IRS and state labor board. Make them face consequences!

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