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client didn't get W-2 from defunct employer

Client (a relative; I don't normally do tax work) started working for a shaky new restaurant business in December

2006, quit at end of January 2007. Business has since disconnected its phone and apparently gone out of business. Don't know yet if it was a corporation or sole proprietor. All client got from employer for IRS 1040 purposes was a printout of the company's accounting program showing his December gross wages, the amounts withheld for Medicare, Soc Sec, State and Fed income tax, and his takehome net. Employer never sent him a W-2 and (we suspect) may not have filed with IRS nor paid over the withholding taxes they kept from their employees. Any suggestions? Goal A is to process client's return and get him a refund ASAP, but goal B, if appropriate, would be to get the IRS on this business' tail about their apparent tax fraud. Can I file a 1040 and claim a return for withheld taxes even without a W-2 (attaching the printout, and a letter of explanation)? Or what? Thanks so much.

W. Michael Jacobs (mjacobslaw @ juno . com) LAW OFFICE OF W. MICHAEL JACOBS

10440 Little Patuxent Pkwy #300 Columbia MD 21044 (tel) 410-740-5685 (fax) 410-740-4300

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Reply to
mjacobslaw
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Yes. Use IRS Form 4852.

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For more information, see Topic 154 on the IRS website.

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Frederick Lorca

Reply to
Frederick Lorca

See Form 4852:

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It is a substitute W-2 to be used in this type situation.

-- Drew Edmundson, CPA Cary, NC

Reply to
Drew Edmundson

Sure. Just file a substitute W2 (Form 4852.) You've got all the info you need to fill it out: wages, withholding, SS, medicare. If you have the EIN of the business, you can even file it electronically. If not, it will have to be mailed in. The client needs to sign the form, but no need to attach a copy of the printout.

Reply to
bono9763

Attached a completed Form 4852 to the return. I recommend paper filing the return.

Reply to
parrisbraeside

Thanks to Bono and all others who replied (even those with fake email addys that I tried to reply to directly...) That's exactly the answer I needed, for future reference. In this case, the empkloyer did finally come thru with a genuine W-2 so were able to electronically file a 1040EZ with no attachments needed.

Reply to
Mike Jacobs

It's happened to one of my clients too, I found this IRS webopage useful:

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6470,00.html Summary: There's a Form 4852 you fill in and attach to the return as a replacement W-2 and the IRS wants you to call them about it too. More importantly, save the wage information for future reference if the Social Security earnings report that comes out annually doesn't pick up this year due to the W-2 problem.

Reply to
2bears

Form 4852 substitute w-2 will do nicely.

Missy Doyle

Reply to
Missy

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