My husband's employer still hasn't given us his W2 form. What to do?

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My husband's employer still hasn't given us his W2 form. He has gone to the local office many times and they always make up excuses on why they can't print out his W2 form. Now there is 2 weeks left to file tax return and we do not know what to do. Should I file my tax return on my own so I don't get in trouble myself, especially we are in the middle of adjustment of status through marriage right now for me? We got married last year i was under J1 visa... can i file on my own as single under J1 visa for 2012 then? while my husband try to fix his situation with IRS? or should we file as married but then how to do it without his W2 form?

Attorney Answers

2
Stuart Steingraber ·
If he can use his final paystub as a guide, all the info on the W2 form is there. You should contact a CPA or tax preparer to find out what to do about not having a W2 to attach to your return. Good luck.
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John Yoak ·
Many businesses use payroll processing companies to handle payroll, so your husband might want to check with the payroll company (if applicable) to see if he can get a copy from them. Otherwise, your husband can use his final pay stub for the year, along with any other information available, to complete Form 4852, which is a Substitute for Form W-2, Wage and Tax Statement. If your husband's employer fails to provide his W-2 and he uses From 4852 instead, I would recommend engaging a CPA or other qualified tax preparer to help you make sure the form is completely and accurately filled out. Best of luck!
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