When Can You Use an IRS Form 4852?
IRS Form 4852 is designed to substitute for Forms W-2, W-2c and 1099-R. Complete Form 4852 if you fail to receive any of the forms for which it substitutes or receive them with incorrect information. However, you should not use Form 4852 as a substitute for a good-faith attempt to obtain valid tax documents.
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Form 4852 and Form W-2
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Your employer must provide you with a Form W-2 ("Wage and Tax Statement") showing your earnings for the prior tax year. If you haven't received a Form W-2 by February 1 or you receive the form with incorrect information, ask your employer to replace it. If the replacement doesn't arrive by February 16, call the IRS at 800-829-1040 or visit an IRS office. Be prepared to provide your name and Social Security number and full contact information (address and telephone number) for you and your employer. You also will need to tell the IRS when you worked for the employer last year, approximately how much you earned and how much tax was withheld. Use a pay stub or its equivalent to supply the financial information. The IRS will contact your employer to request the form for you. If Form W-2 still doesn't arrive in time to file your taxes, complete Form 4852 and attach it to your return as a substitute. Be sure to keep copies for your records.
Form 4852 and Form 1099-R
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You should receive IRS Form 1099-R ("Distribution from Pensions, Annuities, Retirement or Profit Sharing Plans, IRAs, Insurance Contracts, etc.") by January 31 from your employer, union, insurance company or other entity from which you received any of these types of income during the tax year. If the form doesn't arrive or it shows up with incorrect information, contact the source for a replacement. If that doesn't arrive by February 14, call the IRS at 800-829-1040 or visit an IRS office and ask for help. Be prepared to provide your name and Social Security number and full contact information (address and telephone number) for you and the entity that supplies your pension, annuity, etc. You also will need to tell the IRS approximately how much you received and how much tax was withheld. Use a statement or its equivalent to supply the financial information. If Form 1099-R still doesn't arrive in time to file your taxes, complete Form 4852 and attach it to your return as a substitute. Be sure to keep copies for your records.
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Don't Misuse Form 4852
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The IRS will pursue action against any taxpayer who uses Form 4852 to reduce or eliminate taxable income. This action can include levying penalties and assessing interest on undeclared income. Furthermore, fraudulent use of Form 4852 to argue the definition of wages or assert that an employer or other payor will not amend an incorrect form out of fear of IRS reprisal can result in a $5,000 penalty for falsification of documents.
What to Do After Missing Forms Arrive
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If you filed Form 4852 because your tax documents didn't arrive in time for tax day, your work may not be over when your correct Form W-2 or 1099-R finally arrives. Compare it to the copy you made of the Form 4852 you filed with your taxes. If the dollar estimates you put on Form 4852 are higher or lower than the actual amounts, you'll need to file Form 1040X ("Amended U.S. Individual Income Tax Return") to report additional income or receive a refund for tax overpayment.
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References
- Internal Revenue Service: Form 4852, Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.: Instructions
- Internal Revenue Service: Beware of IRS' 2010 "Dirty Dozen" Tax Scams
- Internal Revenue Service: W-2---Additional, Incorrect, Lost, Non-Receipt, Omitted
- Internal Revenue Service: Tax Topics: Topic 154---Form W-2 and Form 1099--R (What to Do If Not Received)
- Internal Revenue Service: Four Steps to Follow If You Are Missing a W-2
Resources
- Photo Credit tax form image by Kirill Zdorov from Fotolia.com
