Do I still have to file?

[Orela]

I'm a foreigner and have been working for a temp agency for nearly 8 months (beginning Dec. 1998 to mid August 1999) before returning back to my home country. I was making $10,800 gross (approx. $10,000 net). Now, I've returned back to the United States and tried to get my income records of these 8 months from the temp agency in order to file my taxes from then. But, they claim they don't have it, or cannot find it, they try not give me a straight answer. First off, isn't that illegal for the temp agency, don't they have the obligation to give you these records. Unfortunately, I cannot go there personally since I'm living in another part of the US now. Secondly, when working for a temp agency, do I have to file to? Is it too late to file for that time period? And what can I do to get my reports from the agency? Please let me know soon. Thanks.

[JETX]

Lots of confusion and problems here.....

You, as the employee, are required to keep your own records. This includes paystubs, timesheets, etc. The employer is only required to give you copies of the W-2 or 1099 form reporting your income to the IRS.

Q1) "But, they claim they don't have it, or cannot find it, they try not give me a straight answer. First off, isn't that illegal for the temp agency, don't they have the obligation to give you these records."
A1) See above. They are only required to give you the record for the prior year in order for YOU to complete your tax filing. They are not required to provide any prior records, though most will if they can. I suggest you contact them again and politely ask if they have the records, etc.

Q2) "Unfortunately, I cannot go there personally since I'm living in another part of the US now."
A2) Call them or send them a FAX request.

Q3) "Secondly, when working for a temp agency, do I have to file to?"
A3) Unless you were an independent contractor, yes.

Q4) "Is it too late to file for that time period?"
A4) No. The IRS provides for you to make a late filing, but you may be subject to penalties and interest for the delay. And lets not forget... you may actually qualify for a refund!!

Q5) "And what can I do to get my reports from the agency?"
A5) See A1 and A2.