No W-2

What is the name of your state? Indiana

Hubby is self-employed. Hubby and I have filed married but sep taxes for last 5 years. House and all vehicles in my name only. Hubby worked a temporary job over summer 2002. His check was directly deposited into his own account. We have no accounts jointly. This employer has never sent him a W-2 for the money he made on the temp job. Taxes were withheld from his wages and he only recd one pay stub. We have been trying to contact employer for past two months. Employer always says W-2's in the mail. Still do not have it. We are really panicking as we need that info of taxes paid to offset the money he made in his own business. We know that he is responsible for filing on the money he made with the temp job but only have the amounts he was paid and not how much was withheld. My questions are... what do we do regarding not getting a w-2 and how can we file taxes without it? Also, since home and all finances are separate can I be held liable for any taxes owed if Hubby were to get audited by IRS?

You'll have to take your best guess as to how much was withheld. File a substitute W2 listing the wages & probable withholding. He can also file a complaint with the IRS that the employer refuses to send him a W2. (My guess is that the employer listed withholding on the paystubs but did not actually file his employment taxes or send the money to the US Treasury.)

If you file separately, you are not responsible for his taxes.

update

I just spoke w/ hubby's previous employer. He tried to claim that he has attempted to contact us several times but I let him know that was absolutely not true. He finally gave me the phone number to his accountant. I called her and she informed me that the employer just told her of my husbands employment two days ago and she is running around crazy trying to straighten everything out. She also told me that she will not have a w-2 ready prior to the 15th and that my hubby has to file an extension. I do not have a clue what form to use or how to go about doing that. Can someome please let me know what forms I will need to do that and I am sure I will be able to figure it out from there. Thanks so much for all your help.

I am NOT an attorney.

Yes you can file for a 4 month extension on Form 4868, downloadable from the irs site, but you will be responsible for interest on any tax due.

Employers are required to send out W-2s by January 31 pf each year. You have to do your part to keep them in line, from what you said in your post you did indeed make inquiries.

See the below reference for what to do if you haven't received a W-2: http://www.irs.ustreas.gov/taxtopics/page/0,,id=16155,00.html

You can also dial 1-800-829-4477 and request Teletax topic #154 which will give same info.

Since it is now April 11th and if you don't want to incur interest for something which wasn't your fault, IMO I would file Form 4582 which is also downloadable from the irs site.

Good luck.

Thank you so much for your help. I will download those forms and handle this matter immediately. Yes, we have tried very hard to get this person to comply and get us the tax info we needed. Unfortunately he is in another state and we only have access by phone. He has been avoiding us for several weeks by calling from one place and giving us another number to call him back at. I finally caught on and tracked him down. He was a bit shocked that I actually found him. We have finally gotten ahold of his accountant so at least we are making progress. I can't express enough thanks for all the quick responses. I love this site and appreciate everyones help.

If you ask nicely, the accountant may be able to give you ball park figures for his income & withholding.

If you owe taxes & the IRS imposes penalties for late payment, ask for a waiver, citing that you couldn't get the W-2 & the employer only started on it 4/11.