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I was never paid by a company, but received a W-2.

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I received a W-2 from...

I received a W-2 from Pepsi, but I never got paid. I called them several times to get a W2C and I also went to the place, but they do not care. What can I do?

Submitted: 7 years ago.Category: Tax
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3/9/2010
Tax Professional: Anne_C, Tax Attorney replied 7 years ago
Anne_C
Anne_C, Tax Attorney
Category: Tax
Satisfied Customers: 2,302
Experience: Attorney, JD awarded with Certification in Tax Law
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This is what you need to do:

If your attempts to have an incorrect Form W-2 (PDF) corrected by your employer are unsuccessful and it is after February 15th, contact the IRS toll-free at - 800 - 829 - 1040.
An IRS representative can initiate a Form W-2 (PDF) complaint. A letter will be sent to the employer requesting that they furnish a corrected Form W-2 to you within ten days. The letter advises the employer to their responsibilities to provide a correct Form W-2 (PDF) and of the penalties to do so.
You will be sent a letter that provides instructions and Form 4852 (PDF), Substitute W-2 and Tax Statement, or Form 1099-R, Distributions from Pensions, Annunities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. The Form 4852 may be used in the event that the employer does not provide you with the corrected Form W-2 in time to file your tax return.

When you call the IRS or visit an IRS Taxpayer Assistance Center (TAC), please have the following information available:
Your employer's name and complete address, including zip code, employer identification number (if known - see prior year's Form W-2 (PDF) if you worked same employer), and telephone number, your name, address, including zip code, social security number, and telephone number; and an estimate of the wages you earned, the federal income tax withheld, and the period you worked employer. The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible.

If you file your return and attach Form 4852 (PDF) to support the withholding amount claimed instead of a Form W-2 (PDF), your refund can be delayed while the information you gave is verified.

If you receive a Form W-2 (PDF) after you file your return and it does not agree with the income or withheld tax you reported on your status, file an amended return on Form 1040X (PDF), Amended U.S. Individual Income Tax Return.

Additional Information:

Form 4852 (PDF), Substitute W-2
Tax Topic 154, Form W-2 - what to do if not received
Tax Topic 308, Amended Returns

Form 1040X (PDF), Amended U.S. Individual Income Tax Return

This is from the IRS website at - http://www.irs.gov/faqs/faq/0,,id=199593,00.html

Good Luck!

Anne_C
Anne_C, Tax Attorney
Category: Tax
Satisfied Customers: 2,302
Experience: Attorney, JD awarded with Certification in Tax Law
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Customer reply replied 7 years ago

I did call the IRS, but they said that they can only mail a letter if the employer did not send a W-2. I did receive a W-2, but I never received any money from Pepsi in 2009. Pepsi just send me the check last week after 9 months. The IRS said that this problem is between Pepsi and I. That the only other thing I can do is take legal action. I have been trying to fix this six to seven weeks, but I am not getting anywhere with this people. I have left Pepsi HR and Payroll several messages, but no one have the courtesy to call back. Then 3 weeks ago I when to Pepsis' office and requested a W2C and they said that they could not do that.

What else can I do?

Tax Professional: Anne_C, Tax Attorney replied 7 years ago

If Pepsi did not pay you last year, you will want to have a corrected W-2; otherwise, you will be taxed you did not receive.

To get Pepsi to pay your wages, you need to file a wage claim with the Texas Workforce Commission. Here is a link to the claim form to do that: http://www.twc.state.tx.us/ui/lablaw/ll1.pdf

Good luck.

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Customer reply replied 7 years ago

Thank you response! Pepsi just send me a check last week. I don't really care about the check I just want a W2C and so far I have been unable to get it from them. What else can I do? Can I take legal action? And if yes, what is the process?

Thanks!

Tax Professional: Anne_C, Tax Attorney replied 7 years ago

Thanks additional information.

Whomever you talked to at the IRS did not understand the situation. You need to call them back and tell them you were issued a W-2 , but that you were not paid in 2009. Therefore, the W-2 is incorrect and needs to be corrected. (The correction will be to $0) Just leave out the part about being paid in 2010; it will confuse them. Ask them to initiate the dispute resolution procedures I described in my first post.

Keep in mind that in dealing with the IRS at this time of the year, you are dealing with temporary employees who may not be particularly well educated on some issues. You may need to talk to a supervisor or a more experienced employee to get this moving.

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