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What can be done if your employer refuses to release your w-2 form?
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.
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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) 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. |
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The pay stub can be used with Form 4852, but it requires that the tax return be mailed,
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 Originally Posted by ScottGem
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. |
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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.
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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. |
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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.
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