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So you want to get your federal income tax return done early, but you still haven't received your W-2 in the mail.
What should you do?
The IRS requires employers to file a Form W-2 for each employee. These forms must be sent out to employees by February 1. If employers fail to do so, they could face some costly consequences.
For each W-2 form an employer fails to send out on time, the IRS may slap the employer with a $50 penalty. That's in addition to an employer's potential penalties for improperly filing a W-2, such as providing incorrect information on the form and not reporting the proper Taxpayer Identification Number.
That being said, one option if you haven't received your W-2 forms by February 1 is to report your employer to the IRS. You can contact the IRS toll-free at (800) 829-1040.
But before you do that, you may want to contact your employer to see if they've actually sent out your W-2, Examiner.com suggests. Perhaps they had the wrong address on file, or perhaps it got lost in the mail and it wasn't your employer's fault. See if you can get to the bottom of what happened.
In any event, even if you do contact the IRS, they won't force your employer to give you a W-2. All they might do is make note of it. It won't absolve you from filing your tax return on time.
If you want more time to file your tax return, you can always file for an extension. This is generally only a good idea if you are certain you won't be owing any taxes. Because if you owe taxes, you still have to pay the taxes on time, even if you're allowed an extension to file your return.
If you plan to file on time without your W-2, you can complete a Form 4852, entitled "Substitute for Form W-2, Wage and Tax Statement." You may need to dig up your old pay stubs and do some calculating, but if you want to get your taxes done on time, this might be the least taxing way to do it.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.