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Employer Refuses to send W-2 (UT, RI)

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Sarlax

Junior Member
My 2009 employer has gone out of business, but I still have valid contact information for the former partners. Effectively, they ended one business and reconstituted it under a new name. When I was hired, the company had offices in Utah, where I live, but by the time it closed, offices were entirely in Rhode Island (the location of the partners, who were president and vice-president).

Things did not end well between us and we haven't been in contact since August 2009. Come January 31st of this year, I hadn't received a W-2 from the company. Checking with the IRS, they told me to contact the partners, which I did, on February 2nd.

They replied quickly and indicated they had send the W-2s to an old address of mind (where I hadn't lived since 2008); they had had my current address since March of 2008. When I asked them to send a new or corrected copy, they refused, claiming I have some computer equipment of theirs. They also indicated that they figured in advance that this would be an issue. In other words, they seemed to know they had the wrong address and sent it there anyway.

They are now demanding that I return this equipment before sending a W-2, despite refusing to provide serial numbers so I can properly identify the hard drives. They are also claiming that if I don't send it, they'll file a 1099 to report it as income I've received in the form of property. Of course, I have no way of knowing if they've already done this, so even if I send them these ambiguous items, there may already be a 1099 submitted stating I have to pay taxes on them.

I just contacted the IRS on the phone and they've said that since the business has closed, they were only obligated to send a single copy of the W-2, even if it went to an address known by the employer to be incorrect. The IRS simply indicated that I should use Form 4852 as a substitute.

That's where things are at. Besides using this form, do I have any recourse? Is there a way to force my former employers to send the W2 to my correct address?
 


ecmst12

Senior Member
Why haven't you returned the equipment which you've held on to even though it is not yours for many months?
 

swalsh411

Senior Member
File your taxes and use a 4852 based on your last pay stub if they refuse to provide a W-2. You can also report them to the IRS for this refusal. If at some point you get audited or are assessed a penalty, not receiving a W-2 is a valid defense to abate penalties and interest as long as you paid taxes based on a reasonable estimate.

Don't worry about the 1099 for now. If at some point years from now you get a notice the IRS that they think you might have unreported income you can dispute it then.
 

Sarlax

Junior Member
Why haven't you returned the equipment which you've held on to even though it is not yours for many months?
I believe it's an 80 GB hard drive and had been in storage (along with many items of my own) since long before the company closed. It's not something I'd had on my mind for about a year. They have refused to communicate with me since August and never requested this item, which I hadn't even remembered was around. They are only bringing it up now. They refuse to describe it to me, though, saying only, "We want our equipment back."

I don't object to sending it back - I have no use for it and it's not mine. The only reason I still have it is that it had slipped everyone's minds. However, it seems unwise to immediately send it back now before knowing whether they've already filed a 1099 for it. Of course, the situation has made me a bit angry as well, given that they seem to be holding my tax information hostage. Finally, being buried deep somewhere in a storage unit, I'd like a specific description so I can be sure I'm sending the correct item when it does come to that.
 

swalsh411

Senior Member
Return the hard drive so you can get your W2 and if you get a 1099 or at some point or the IRS says you did not pay taxes on that income you can dispute it then.

How many 80 gig hard drives do you have in storage? They are practically worthless now anyway. The FMV is about $10.
 

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