I started a company with a friend from college after we were done with school. We had a huge adventure for about a year, building out a couple of products and taking in venture financing. I went from being a 1099 employee to a W2 employee for a few months into a new calendar this year. We had a huge blowup about some things and are no longer friends nor coworkers. In fact, I would prefer to never have contact with this person again. I need the W2 from him to file my taxes next year though. Some friends have suggested I use a 3rd party arbitrator such as an accountant to handle the logistics of this. Is this the best approach to take? What should I do if he does not give me the W2?
If you were a W2 employee the company already should have been filing documents with the IRS and the state or even the local government. Any money they withheld for taxes, social security, medicare should have been turned over periodically to the proper agencies.
The IRS has info regarding the non-receipt of a W2.
Employers/payers have until February 2, 2015 to issue Form W-2 (PDF), Wage and Tax Statement, and Form 1099-R (PDF), Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., for the current processing year. If you do not receive them by February 2, 2015, or if your information is incorrect on these forms, contact your employer/payer.
If it is after February 14, and you still have not received the missing or corrected form, you may call the IRS at 800-829-1040 for assistance. When you call, please have the following information available:
- Your name, address (including ZIP code), phone number and Social Security number.
- Your employer/payer's name, address (including ZIP code), and phone number,
- If known, your employer/payer’s identification number (EIN),
- An estimate of the wages you earned, your federal income tax withheld and your dates of employment.
After February 14, the IRS will contact the employer/payer for you and request the missing or corrected form. The IRS will also send you a Form 4852 (PDF), Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., along with a letter containing instructions.
If you do not receive the missing or corrected form in sufficient time to file your tax return, you may use Form 4852 to complete your return. If you receive the missing or corrected Form W-2 or Form 1099-R after you file your return and the information differs from your estimates, use Form 1040X (PDF), Amended U.S. Individual Income Tax Return. For additional information on filing an amended return, refer to Topic 308. Forms are available on IRS.gov or by calling 800-TAX-FORM (800-829-3676).
It is always a good idea to keep copies of your pay stubs so you can document what you earned and what was withheld.