My wife"s former employer refuses to release her w-2 form. She has tried to get them every way possible. We have contacted our local IRS office and they said all they can do is send him a letter. We live in Virginia. What options are left if this doesn't work? I already know about form 4852 but we are determined to get her w-2 form.

Why is he refusing? The IRS can issue fines for failure to provide a W2 (The Penalties of Failing to File a W-2 | eHow (http://www.ehow.com/list_5973952_penalties-failing-file-w_2.html)) but they are minor.

However, you do not need the w2 to file your tax return. You can use figures from the last pay check.

The pay stub can be used with Form 4852, but it requires that the tax return be mailed,

Why is he refusing? The IRS can issue fines for failure to provide a W2 (The Penalties of Failing to File a W-2 | eHow (http://www.ehow.com/list_5973952_penalties-failing-file-w_2.html)) but they are minor.

However, you do not need the w2 to file your tax return. You can use figures from the last pay check.


He is refusing because my wife was fired and had unemployment benefits appeals and workers compensation issues and now we have a EEOC charge pending with his business. So I would say he is not releasing them because of our legal issues.

Your legal issues with him are immaterial. Unless there is a dispute in the wages paid, he is required to submit one. I would tell them that under federal law you will be asking the IRS to penalize him for failure to comply.

I have noticed you have asked this question repeatedly and at some point will have to do what you can without the W-2's from this employer.

No need more multiple threads about the same thing. Responses will seldom change.

Submit the return using Form 4852 and the payslip and get on with your life. It should only delay your refund by, at most, six weeks.