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  1. #1

    Default Can an Employer Not Give You Your W-2

    My question involves workers compensation law for the state of: Arizona
    we are still waiting for our w-2/ we have talked to my husbands employer and they said that they can't give us one yet because they didn't pay the quarterly taxes for us or their buisness. they are waiting on payments to come in on jobs to pay the taxes. what steps do we take to get our w-2?

  2. #2
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Can an Employer Not Give You Your W-2

    No, they cannot, and the IRS is going to assess penalties on the late deposits (which is not your problem per se, but does reflect that the employer has severe cash flow problems).

    http://www.irs.gov/faqs/faq/0,,id=199593,00.html

  3. #3
    Join Date
    Oct 2006
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    5,204

    Default Re: Can an Employer Not Give You Your W-2

    Quote Quoting mybeautifulbutterflies5
    View Post
    My question involves workers compensation law for the state of: Arizona
    we are still waiting for our w-2/ we have talked to my husbands employer and they said that they can't give us one yet because they didn't pay the quarterly taxes for us or their buisness. they are waiting on payments to come in on jobs to pay the taxes. what steps do we take to get our w-2?
    They are required by law to give all employees their W2s whether they have paid their quarterly taxes or not. If you do not have the W2 by February 15th, your husband can contact the IRS and report the problem, and ask for permission to use his last check stub as a substitute W2.

  4. #4

    Default Re: Can an Employer Not Give You Your W-2

    OK. My husband is the only employee, and his employer is his parents, his mom doesn't put year to date on his pay stub she says it is to much to hand write. how do we get around this?

  5. #5
    Join Date
    Dec 2007
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    2,360

    Default Re: Can an Employer Not Give You Your W-2

    That's why you keep all pay stubs until you get your W-2.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
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    Default Re: Can an Employer Not Give You Your W-2

    Quote Quoting llworking
    View Post
    They are required by law to give all employees their W2s whether they have paid their quarterly taxes or not. If you do not have the W2 by February 15th, your husband can contact the IRS and report the problem, and ask for permission to use his last check stub as a substitute W2.
    There is actually a form for this .. most people just call it a substitute W-2 ; if the OP knows all the information to complete, then use this. I use it every year I'm due a refund -- I file in Jan. Never had a problem with the IRS w/doing this.

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