One missing W-2 - can we file?

[Catherine]

Client received ONE check from a former employer in 2010 as a payment for a patent award; fortunately when the USPS was still forwarding mail after a move. Employer was for 2009; patent award was late. Never got a W-2; company has been bought & sold - plus they moved across country - and he's left voice messages at several HR offices and no one gets back to him. Total is $3100. We have all the tax data from the paystub and there will be no differences since he didn't work for them that year; no insurance, no 401k, no life insurance, no parking benefit, etc. This is less than 5% of their income for 2010.

Can we file as-is, or do we really need to wait for a maybe-never-receivable W-2? Wife got laid off and they could really use their refund.

TIA,

Catherine

[grandmabee]

Client received ONE check from a former employer in 2010 as a payment for a patent award; fortunately when the USPS was still forwarding mail after a move. Employer was for 2009; patent award was late. Never got a W-2; company has been bought & sold - plus they moved across country - and he's left voice messages at several HR offices and no one gets back to him. Total is $3100. We have all the tax data from the paystub and there will be no differences since he didn't work for them that year; no insurance, no 401k, no life insurance, no parking benefit, etc. This is less than 5% of their income for 2010.

Can we file as-is, or do we really need to wait for a maybe-never-receivable W-2? Wife got laid off and they could really use their refund.

TIA,

Catherine

use substiute W-2 form

[Pacun]

I normally fill out the Substitute W-2 form with the information from the paycheck and send a copy of the paycheck stub. You must paper file.

[David1980]

You can efile with a substitute for W-2 form. The 4852 itself doesn't get transmitted in the EF data, a non-standard W-2 should be in the EF image. Details are in Pub 1345.

The only real question is do you use the 4852 or not. IRS tax tip 2011-28 indicates "File your return You still must file your tax return or request an extension to file April 18, 2011, even if you do not receive your Form W-2. If you have not received your Form W-2 by the due date, and have completed steps 1 and 2, you may use Form 4852, Substitute for Form W-2, Wage and Tax Statement."

Which would suggest you're supposed to wait til the due date before using a 4852. Of course, I know nobody does wait and as far as what the IRS gets in the EF image it's just a non-standard form W-2, so they wouldn't even know you did a substitute unless you went through an EF audit. It also indicates you have to complete steps 1 & 2, step 2 is to contact the IRS. So perhaps it would be prudent to contact the IRS and then use 4852 if they say to?

http://www.irs.gov/newsroom/article/0,,id=106470,00.html

[Cathy]

Client received ONE check from a former employer in 2010 as a payment for a patent award; fortunately when the USPS was still forwarding mail after a move. Employer was for 2009; patent award was late. Never got a W-2; company has been bought & sold - plus they moved across country - and he's left voice messages at several HR offices and no one gets back to him. Total is $3100. We have all the tax data from the paystub and there will be no differences since he didn't work for them that year; no insurance, no 401k, no life insurance, no parking benefit, etc. This is less than 5% of their income for 2010.

Can we file as-is, or do we really need to wait for a maybe-never-receivable W-2? Wife got laid off and they could really use their refund.

TIA,

Catherine

If the one possible W-2 that may or may not be issued did not effect the refund drastically, I might consider #4 on the link David provided.... And, IF, the client chose that route, I would prepare both the e-file and amended return at the same time and charge accordingly. I'd also advise the client to wait until the refund had cleared, then immediately file the amended return.

But, then again, I have an alligator making a nest under my office as we speak! Sometimes we do things a little different in the swamp, but never short change our Uncle.

Cathy

[Catherine]

You guys are great. Thanks!