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  #1 (permalink)  
Old 01-18-2008, 07:13 PM
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Default Employer not sending 2007 W2. How do I file taxes?!!

My previous desi employer is not sending me the W2. I don't think he likes me after I left him

How do I file taxes? Can I get a copy of W2 from IRS?
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  #2 (permalink)  
Old 01-18-2008, 07:31 PM
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Default

He must provide it to you. It is a law that mandates it not his choice. If he does not provide it, you may register a complaint with IRS. Check the response to FAQ No. 3 in the link:

http://www.irs.gov/faqs/faq-kw205.html

Form 4598, Form W-2 or 1099 Not Received or Incorrect, will be sent to the employer and a copy will be sent to you along with Form 4852 (PDF), Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.

Last edited by alex77; 01-18-2008 at 07:34 PM.
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  #3 (permalink)  
Old 01-18-2008, 07:31 PM
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Default from irs.gov

Quote:
Originally Posted by indyanguy View Post
My previous desi employer is not sending me the W2. I don't think he likes me after I left him

How do I file taxes? Can I get a copy of W2 from IRS?
http://www.irs.gov/taxtopics/tc154.html

Topic 154 - Forms W-2 and Form 1099–R (What to Do if Not Received)

If you do not receive your Form W-2, Form 1099-R, Form 1099-INT, or Form 1099-MISC by January 31st , or your information is incorrect, contact your employer/payer.

If you do not receive the missing or corrected form by February 15th from your employer/payer, you may call the IRS at 1-800-829-1040 for assistance. You must provide your name, address (including zip code), phone number, Social Security Number, dates of employment, your employer/payer's name, address (including zip code), and phone number. The IRS will contact the employer/payer for you and request the missing form. IRS will also send you a Form 4852 (PDF), Substitute for Form W-2 or Form 1099-R.

If you do not receive the missing form in sufficient time to file your tax return timely, you may use the Form 4852. If you receive the missing or corrected Form W-2 or Form 1099 after you file your return and a correction is needed, use Form 1040X (PDF), Amended U.S. Individual Income Tax Return. Refer to Topic 308, Amended Returns, for additional information.
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  #4 (permalink)  
Old 01-18-2008, 07:33 PM
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Default Its his responsibility to send you w-2

Its his responsibility to send you W2.

He has to send it to you. any way they start sending out only after jan-15th. so you can expect it beween Jan 15 th to March 31st.

Send him couple of friendly reminders and if he does not respond say that you are going to report to IRS. even after if he doesn't respond then you always have the option of complainin to IRS. which will be a big headache for him.

i dont think any desi employer will be willing to go to IRS.
because most of the Desi employers are cheaters & don't have any ethics.

I have to fight with my previous employer couple of years back to get my w2's
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  #5 (permalink)  
Old 01-18-2008, 07:34 PM
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Employers are required to send W2s generally by Jan 31st - so give them some time. If they do not send W2s by Feb 14th, report them to IRS. There is a nominal penalty ($50 per form with a max of 100000 and some additional penalty if they disregarded the law). If your employer still does not send you W2s - report them to better business bureau and file your taxes using alternate Form 4852. You need to provide estimated wages and withheld taxes (use your paystubs to calculate these) on Form 4852.
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  #6 (permalink)  
Old 01-18-2008, 08:02 PM
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Default

Quote:
Originally Posted by v2neha View Post
Employers are required to send W2s generally by Jan 31st - so give them some time. If they do not send W2s by Feb 14th, report them to IRS. There is a nominal penalty ($50 per form with a max of 100000 and some additional penalty if they disregarded the law). If your employer still does not send you W2s - report them to better business bureau and file your taxes using alternate Form 4852. You need to provide estimated wages and withheld taxes (use your paystubs to calculate these) on Form 4852.
I hope you have your employer email address, why don;t you send him the URL of this thread and see what'll happen.
I'm sure it'll come to your house in a day or two in certified mail.
Don't worry.
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  #7 (permalink)  
Old 01-18-2008, 09:25 PM
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Quote:
Originally Posted by indyanguy View Post
My previous desi employer is not sending me the W2. I don't think he likes me after I left him

How do I file taxes? Can I get a copy of W2 from IRS?
Here is something you can do. Go to the local IRS office. You don't need an appointment, just search the local office nearest to your home at irs.gov. Talk to the guys at IRS face-to-face and tell them that the employer is not sending W-2. Note down the name of the representative you talk with and ask him to provide you with the reference number if you need to refer to that conversation. IRS representative will tell you that the employer must send you W-2 and if the employer doesn't, you could collect the copy of your W-2 from the IRS office in the month of April or May. So you may have to file for extension and file taxes after the regular time period, which is fine. But the employer will be deep shit with IRS for not providing you with W-2. I am sure he will enjoy it for rest of his life.

Either way, you have nothing to worry if your present or past employer is not sending you the W-2. They will learn something soon....
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  #8 (permalink)  
Old 01-19-2008, 02:30 PM
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Default Its the law

Quote:
Originally Posted by indyanguy View Post
My previous desi employer is not sending me the W2. I don't think he likes me after I left him

How do I file taxes? Can I get a copy of W2 from IRS?
Its the law dude for the employer to send you your W2. If he does not he is breaking the law and you can report him to the IRS. I am sure if you tell him this in a nice way he will send it to you by overnight courier
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  #9 (permalink)  
Old 01-19-2008, 03:24 PM
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Default Who is this employer?

Is this some desi consulting? can u post his name and address here plz

Quote:
Originally Posted by hpandey View Post
Its the law dude for the employer to send you your W2. If he does not he is breaking the law and you can report him to the IRS. I am sure if you tell him this in a nice way he will send it to you by overnight courier
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  #10 (permalink)  
Old 01-19-2008, 04:01 PM
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Originally Posted by karan2004m View Post
Is this some desi consulting? can u post his name and address here plz
All desi employers.
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  #11 (permalink)  
Old 01-19-2008, 04:20 PM
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Quote:
Originally Posted by indyanguy View Post
My previous desi employer is not sending me the W2. I don't think he likes me after I left him

How do I file taxes? Can I get a copy of W2 from IRS?


Email/Certified mail him to mail you the W2, tell him you will notify IRS of his behaviour.
If he doesnt reply you , Notify IRS and u will get a W2.

Without a W2 in hand you cant be sure that your tax was actually paid to IRS
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  #12 (permalink)  
Old 01-19-2008, 04:33 PM
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Quote:
Originally Posted by indyanguy View Post
My previous desi employer is not sending me the W2. I don't think he likes me after I left him

How do I file taxes? Can I get a copy of W2 from IRS?
I had similar issue and

I had the same situation back in 2005 and all I had to do is have a friendly email & phone conversation with my old employer who was refusing to give my 2004 W2 (since I transferred my H1 to another employer which was worth it) and gave him 1 week time frame to fix the issue else same issue will be addressed to IRS in written, verbal/phone complaint on why I will not be able to file my 2004 taxes completely. Trust me I got a over night envelope next day at my given home mailing address from this employer with W2 statement.

My old employer was enjoying 60% of my billing rate for almost close to 2 years and when I came to know about it little late I am glad I left this company, when I can my formal 2 weeks notices this employer was even bargaining for an increase in my pay by 50 cents (can you believe this) it did happen to me…I am glad I did transferred to my current employer and very happy with them & no complaints or issues.

Now comes, the second issue, when I was filing my taxes, guess what my old employer who did my W2 over night showed all incorrect number to IRS and pretty much screwed up big time with my W2. My YTD(year to date) dollar amount was not at all matching my W2 numbers and this I came to know when I was filing my taxes at H&R Block and once again I had to have one more phone discussion with him about the found issue and had explained to this employer on found discrepancies and my next plan of action, to explain IRS what happened and what this employer did with my W2.

I cant believe this, he asked me for 24 hours time to fix that and did a e-filing adjustment and mailed me corrected W2. (IRS threat did work for me)

Trust me, don’t panic or worry too much about all this IRS is always there to take care of it and by all means once you give a written complaint to IRS they will for sure come very hard on this employer and I am sure pretty much all the employers out there do know what type of consequences they have to deal with once IRS gets into the ring

Since you still have time to file your taxes, discuss with your earlier employer and see how it works with my above given scenarios, I am sure he will have a mild heart attack at the first place…and I hope some solution will come out for you!


Good luck!!
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  #13 (permalink)  
Old 01-19-2008, 10:21 PM
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Default Use H&R Block

Easiest way to handle this is to file the tax with H&R Block.

Just approach them with last pay check from your employer (which can indicate approximate total annual income) and explain them about your efforts to get the W2.

They can prepare the SUBSTITUTE W2 for you and IRS will then screw your employer for not providing the W2.

In my case, my previous employer failed to give W2 until March 31 (I called him 20 times and each time I was told that concerned person was not at the office).
So I approached H&R and prepared substitute. But when I was about to file the returns based on it, I called my previous employer and told him

"If you are not providing W2, not me but you and your company will be in trouble, because IRS will ask you the reason."

I received W2 through fax in next hour!!.

So keep trying and then approach H&R
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  #14 (permalink)  
Old 01-23-2008, 07:42 PM
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I have the same problem the Company Is Accurate Diagnostic Lab, Edison NJ.

He hasn't give my last pay check and i still haven;t received the W-2 Form. For the paycheck i already complain in Labor. since last 2 month still haven't got anything. Let see what happens about my W-2.
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  #15 (permalink)  
Old 01-23-2008, 07:58 PM
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Default share your experience

Quote:
Originally Posted by crossroads77 View Post
I have the same problem the Company Is Accurate Diagnostic Lab, Edison NJ.

He hasn't give my last pay check and i still haven;t received the W-2 Form. For the paycheck i already complain in Labor. since last 2 month still haven't got anything. Let see what happens about my W-2.

I think you should share your company experience at this website and will help other too and stay away from these useless companies..

http://www.desicrunch.com/Companies.aspx

sorry folks, this thread is about DL issues and just happen to notice this post and thought I will stick this URL here...

Thank you
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