Can my Employer wait until Feb 15?

My employer sent an e-mail stating that it would be at least on or after Feb. 15th before we recieved our W-2 FORMS. They gave no explanation as to why, but told all employees that they are working on it, and that they will not be taking phone calls from anyone looking for their W-2 Forms. What am I supposed to do? I have my other W-2 I needed, and am awaiting this one, the other thing about it is, I only worked there for 5 days in 2010, so should I even file that W-2?

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  • Judy
    Lv 7
    10 years ago
    Favorite Answer

    Not much you can do except wait. If it goes very long after Feb 15, call the IRS. They are legally required to have them out by 1/31 and can be fined for being late, but that doesn't help you any.

    YES you have to file ALL of your W-2's even if they're small.

  • ?
    Lv 5
    10 years ago

    Your employer legally has until January 31st to send your W-2.

    If it is February 15th and you still do not have your W-2, then you can call the IRS who can then send you a copy of your W-2.

    Even though it was only for 5 days, you still have to file the income, but what I've heard that others have done is file with what they have, get their refund (if any) and then file an amended return with any new W-2s that come in (if you're using a tax preparer, you may be charged an additional fee for this service).

    If you don't claim the income, then they will let you know about it next year, and you will most likely owe, because when you don't claim, the IRS doesn't take into account all of your credits and deductions and sends you what it would be (typically owing them plus interest) without that information taken into consideration.

  • 10 years ago

    It would be nice if people answering questions would give the ALL of the answer! As for the W-2 in question, NO your employer is NOT legally authorized to distribute W-2s after January 31st. If you can prove the W-2 was postmarked after January 31st, you should report it to the IRS, the employer will be penalized. I worked in human resources for the county for almost 5 years and know for sure that is NOT allowed.

    As for the 2nd part of your question, as to whether or not you should wait to file, that is TOTALLY up to you. If you only worked for that employer for about 5 days, unless you were paid a very high wage, it probably won't make much of a difference. Legally you are suppose to file ALL W-2s received. However, in this case, what I suggest is to determine what your total wages were for that employer and figure out the tax withholding to see if it puts you in a different tax bracket. If it does, then I suggest you wait because you will end up owing the IRS for not claiming that W-2. If it doesn't make a difference in the tax bracket you are in, then go ahead and file. Only you can make that call.

  • Anonymous
    10 years ago

    Geez, what's your hurry?

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