The Business WILL NOT Release My W-2?

My husband worked for about 6 months of last year in his father's old business, which his mother inherited. In June, the business was seized due to delinquent payments and is now a new business, so the new owners do not have the tax information (so we've been told. Question part one: is this true?)

When my husband called the company that tracked finances, he discovered that they HAVE the information regarding our taxes but REFUSE TO RELEASE the W-2 forms until we pay the debt of $1600 incurred by his Dad. We are both students and do not have this money, or any way of getting it between now and April. How can we, as employees, get this information from them? I tried calling the IRS but they won't address any of this until after February 15th, so I'd really like to get going on this beforehand.

What happens if we can't get this info?

It looks suspicious. In any case, the company can be fined by the IRS for NOT releasing the W-2 by today. (There is a question of whether the "new" owners are responsible for the fine, or only the "old" owners.)

I suggest that you bring it to the attention of the IRS on or about February 15 (as the company may have mailed the W-2 without tracking THAT information). Concurrently, you can prepare a form 4852, which you can file in place of the W-2 with your tax return, but (according to the instructions) not before April 15. (The IRS won't have the information until June at the earliest, and may not have it to give to you until June 2009.) According to the 4852 instructions, the Social Security Administration should have the information by September 2008, which also doesn't help you, but, if the W-2 doesn't appear, you should recheck with Social Security to see what was reported to them.

I'm afraid you appear to already be doing all you can. Call the IRS early in the morning of February 15.

You will have to see a lawyer or try filing charges in small claims court maybe. I doubt you can be held accountable for your fathers debts. Does he still have the last paycheck? There is a form for tip reporting and he can fill that out and maybe the irs will go after the company. www.irs.gov

they can't extort money from you for someone else's alleged debts and if they don't get the w-2 in the mail today - 1/31 - they can be fined by the IRS $50 per W-2 they hold onto. Was the business a corporation? If yes, then they new owners are still responsible for the tax records - it's the same company, regardless of who's running it. Report them to the IRS, state labor board, Better business bureau and anyone else you can think of to screw them over

By law all W-2's must be released bu Jan 31 to avoid penalties. Unless your husband was listed as an officer of the Co. he should not be held liabable for his debt. If anyone is liable for the payment would be his mother HOWEVER since it was siezed the "New Owners" took over all debt included.

Call the IRS and ask them to send any W-2s associated to his SSN. They'll be able to do that.