Q: Hi, I'm working for the restaurant since Nov 17th. I've got paid by checks, and my employer refused to give me W-2.
I signed W-4 on Dec 8th 2021. The employer said that she didn't take tax from my income, so she can't give me W-2. I told her i can send her tax to her and she still said she can't give me w-2. What can I do to get my W-2?? I need to file tax for last year to prove that I legally worked.
A: Ask your tax preparer, but your tax return can report employment income even if you don't have a W-2. Failure to withhold employment taxes or to send you a W-2 (or 1099) is your employer's fault, not yours.
Bruce Alexander Minnick agrees with this answer
1 user found this answer helpful
A:
Your employer is wrong.
As Mr. Thorgaard said: Failure to withhold employment taxes or to send you a W-2 (or 1099) is your employer's fault, not yours.
Willful failure can get the employer in really big trouble too.
1 user found this answer helpful
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