No W-2?

[Janitor Bob]

My client began working for a restaurant on 12/21/08...only worked there about a month. That employer told her that she would not get a W-2 for 2008 because she "started working after the cut-off date".

I have never heard of this....I though that even if you worked one hour on 12/31, and earned anything, the employer was required to provide you with a W-2.

Should my client pres this issue or should I just wait until Feb 17, and have her contact IRS and complete for her a Form 4852?

She states that she has a pay stub showing pay received in 2008, but I do not know how much.

I am assuming that, for their convenience, the employer is not wanting to provide this W-2 and, instead, include it in 2009 earnings....not right!

I appreciate all of your input as you are all very wise people

[BulldogTom]

It is not the worked date, but the paid date that matters. I would guess that is what the manager meant. Even though she worked in 2008, she did not begin working before the "cut off date" for a 2008 paycheck. In many companies (especially if they pay bi-weekly) it would not be unusual to start work and not get a check for 3 weeks. I would put a note in the file for 2009 that she should be looking for the W2 from that restaurant, or you might be amending the 2009 return when it comes in.

Hope this helps.

Tom

Lodi, CA

[Janitor Bob]

It is not the worked date, but the paid date that matters. I would guess that is what the manager meant. Even though she worked in 2008, she did not begin working before the "cut off date" for a 2008 paycheck. In many companies (especially if they pay bi-weekly) it would not be unusual to start work and not get a check for 3 weeks. I would put a note in the file for 2009 that she should be looking for the W2 from that restaurant, or you might be amending the 2009 return when it comes in.

Hope this helps.

Tom

Lodi, CA

This is what I thought....but client swears she has a pay stub dated 2008.....I'll know more when I see the pay stub. My guess is the period earned is 2008, but actual pay date is most likely Jan 2, 2009.

[BulldogTom]

That would be my guess also. Look at the stub, and if it is in fact a 2008 paycheck, then use the normal proceedure to file a substitute W2.

Tom

Lodi, CA

[Virtual Managed Solutions]

My brother worked for a farmer this past spring and they told him he didn't need a W2 from them, because he had earned under $150 in wages. I had never heard that before, but I do know that farms and restaurants have different rules when it comes to wages. Maybe this would fall under the same class? I'm not sure, just some experiences I've come across.