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cellsig · Mar 15, 2012, 11:01 PM

Help!

I am a non-resident alien scholar, in the US on a J-1 visa. My employer, a US University, had a fire in their Disbursement Office several months a go. As a result they say they have 'lost' all their paperwork. I have not received a 1042-S from them yet, even though they were supposed to have sent it to me by March 15th. I have been chasing them for weeks now trying to find out who is in charge to send me both the 1042-S and the 1099-MISC forms but no one seems to know. The deadline for filing Tax Returns for 2011 is a month away, and I am worried that I won't get the 1042-S and the 1099-MISC in time.

I want to know what my options are if I do not get these two forms in time. As far as I can understand, I need these two forms to file my 2011 Tax Return. Obviously not filing my Tax Return by the deadline indicates non-compliance and I will be penalized. What are my options? Can the IRS legally penalize me when the reason I have not filed is because my employer is refusing to give me the 1042-S and the 1099-MISC? Can anyone advise me as to my legal rights in this scenario?

Thank you!

joypulv · Mar 16, 2012, 04:45 AM

I assume you know the amounts, so file without them, right on the last day. Attach a copy of the letter saying there was a fire, and a note saying that you will submit them on an amended return when they arrive.

(Do you know this fire happened for a fact? Sounds suspiciously timed for the end of the year, plus they haven't got their records redone in all this time.)

joypulv · Mar 16, 2012, 04:58 AM

Also, I assume you know that 1042-S can be seen on IRS.gov to determine what info is required, and that your 1099 is pretty straightforward. I think I would attach a numbered list of answers to the 1042 along with a copy of the 1042, to make it clear you don't have one from the University, and put ? Marks to any you don't know.

AtlantaTaxExpert · Mar 16, 2012, 11:32 AM

Also, if you KNOW you are due a refund, just file Form 4868 and request the AUTOMATIC 6-month extension to the 15 October 2012 date.

The extension is an extension to file, NOT an extension to pay, so if you think you owe money, mail a check for the amount you believe you will owe with the Form 4868.

cellsig · Mar 16, 2012, 12:04 PM

@joypulv: Thank you for responding! That's a great idea, to file anyway despite the fact that I do not have the forms. Unfortunately, yes, the fire was real, and the delay is also real despite how ridiculous it sounds. I work for the University of Hawaii, and they have a shocking degree of institutionalized incompetence, so things like this are actually normal here. I haven't even been paid for February or March because of this fire - imagine that!

I should point out that this is my first time paying tax - I started my job on June 1st 2011, so I am trying to pay my tax on the ~6 months I worked in 2011. I can probably work out the amounts based on my salary and the fact that they withheld 15% of my salary each month. However I have no idea what my Tax ID Number is - isn't this something I need when I try to file my return?

I plan on phoning up the IRS today and running this by them, to see what they say. At least then it's clear that I am trying my best to be tax compliant despite circumstances beyond my control.

@AtlantaTaxExpert: I am definitely not owed any money because I have never previously filed a tax return before in the US.

AtlantaTaxExpert · Mar 16, 2012, 05:37 PM

Due to income tax withheld from pay, most workers get refunds when they file their tax return.

It is probably the same for you.