It’s tax time, but you haven’t received a W-2 from your current or former employer.  So what do you do now?

First, ask your employer about it. Perhaps your W-2 was sent to a wrong address and you simply need a new one issued. If the W-2 contained wrong information, tell your employer to correct it.

If you have already asked your employer for a W-2, or a corrected W-2, and one still has not arrived, you should call the Internal Revenue Service (IRS) at (800) 829-1040.  The IRS will prepare a complaint and send it to the employer directing him to provide a proper W-2 and warning of the penalties for failure to do so. Employers who fail to provide a W-2 to an employee or to correct incorrect W-2s are subject to penalties up to $100 per form.

The IRS provides detailed instructions on how to deal with the situation here: http://www.irs.gov/newsroom/article/0,,id=106470,00.html

When calling the IRS be sure to have the following information ready:

  • Employer’s name, address, city, and state, including zip code;
  • Your name, address, city and state, including zip code, and Social Security number; and
  • An estimate of the wages you earned, the federal income tax withheld, and the period you worked for that employer. The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible.

Please note that you must still file your return on time even if you do not receive your Form W-2. If you have not received your Form W-2, you may use Form 4852, Substitute for Form W-2, Wage and Tax Statement. Attach Form 4852 to the return, estimating income and withholding taxes as accurately as possible.

If you receive your you missing W-2 at a later date or if it has some conflicting information, you can amend your return by filing a Form 1040X, Amended U.S. Individual Income Tax Return. (Instructions available here)

If you have any questions pertaining to your taxes we urge you to contanct a Certified Public Accountant (CPA) to minimize any problems.

Additional Information

For more H-1B employee rights information, please visit the blog’s main page at http://h1blegalrights.com/. For information about Legal (Attorney) Services for H-1B employees, please visit here.

To learn more about H-1B rights and options, please see these posts:

For information about H-1B Rights & Immigration Rights Attorneys Michael F. Brown and Vonda K. Vandaveer, please visit here.

DISCLAIMER: The information in this article is NOT legal advice, nor does it establish an attorney-client relationship between you and the attorneys or law firms above. Legal advice often varies among situations. If you want legal advice for your specific circumstances, you must consult with an attorney.