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Posted

I have a client who has the last pay check stub.

When can I start filing with substitute W-2 form?

Can I efile using Substitute W-2? If yes, do I create a non-standard W-2 and form 4852?

When can I start asking the IRS for W-2 copies for 2007?

If you do not know all the answers, please help me with ones you know and others might help with the other answers.

Posted

I would make every effort to obtain a W-2 BEFORE preparing Form 4852, and document each attempt with a written record of dates, conctact names, phone numbers, etc.

While I've never had to do a 4852 while e-fiing (I did one many years ago-no e-filing then) I don't know the effect of preparing a 4852.

Posted

Years ago, before efile even existed, I was told by an IRS agent that they did not want us to use the 4852 early, except in cases where the employer was totally out of business and out of reach, so that no contact could be made, because otherwise they might simply get the form late. I know that at that time they would not process a return containing a 4852 until after March 15th at the earliest.

I don't know about efiling it, don't think it will, but I could be wrong. But I do think you should make all possible efforts to get the W2 from the employer, first. Some people just think it's 'easier' to not bother, and just go with the pay stub, but it actually is going to slow down their refund significantly. After being told that, in my experience at least half the time they do manage to get a W2, which to me indicates that they had not tried as hard as they told me they had. Your call.

Posted

My client is a farmer & must submit return & check by March 3. I intend to ignore the form 4852 date of March 15 & submit 2/29/08. My decision is easier since the employer is not only out of business, but actually in hiding!!

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