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Tax Law (Questions About Taxes)/Employer won;t release w-2 forms

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QUESTION: My wife's former employer will not release her w-2 forms.  We live in Virginia.  She has tried every way to get them.  We even visited our local IRS office and they said their was not much they could do.  Can she file a lawsuit aganist her former employer if he refuses to release them?

ANSWER: Russell:

That is odd that the IRS can't assist you.  The IRS penalty is $5,000.00 for not mailing the W-2 to the employee by the last day of January.  They must certify to the IRS that this has been completed by February 10th.

I can not give you legal advice since I am not an attorney.  However, its my opinion that one should do that.  I do not understand what premise the employer would use to with hold the W-2 from an employee.

John

---------- FOLLOW-UP ----------

QUESTION: If we get into contact with the IRS again then what should I tell them so they will contact her former employer about the w-2 form?  The reason he will not release them to her is because my wife was fired in April 2013 and we have a couple of legal battles against him.

Answer
Russell:

I personally would contact the IRS and file a complaint and also I would try to get an attorney to subpoena the W-2 thru some legal action.  Its important to have the W-2's to file your tax return.  I am not an attorney and I am not giving you legal advice this is only my opinion.

John

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John L. Tidwell

Expertise

Unemployment tax law both state and federal; determination of employer employee relationship; the usual 20 commonlaw factors for making that determination; and what makes me a liable employer.

Experience

Over 20 years of field audit experience with a state agency

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none

Publications
none

Education/Credentials
Degree in Accounting from Falls Business College

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