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Form 4852

merllene
Level 2

I am filling out a Form 4852 - substitute W-2.  I do not have a FEIN for the employer.  How do I process this return electronically without one?

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4 Replies 4
itonewbie
Level 15

Has your client exhausted all options to obtain a copy of the W-2 or W-2C, if the wages need to be corrected, from the employer?

How about getting the EIN from a prior year W-2?

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merllene
Level 2

Yes all attempts to obtain FEIN have been utilized.  Prior year is not going to work either as the company has declared bankruptcy and there is no prior year W2 for this employer.

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itonewbie
Level 15

@merllene wrote:

Yes all attempts to obtain FEIN have been utilized.


It's less about FEIN but more getting a copy of the W-2.  Since the employer is already bankrupt, there's little your client may be able to do.  As far as the FEIN is concerned, are you saying your client was never employed by this entity in previous tax years?

Procedurally, your client is supposed to call the IRS who would then review their records and follow up as necessary.  It's only if the IRS is not able to obtain a copy of the W-2 on time for tax return filing should your client then use the F.4852.  You may refer to the filing instructions for the steps to take.

If your client is to use a F.4852 but does not have access to the former employer's EIN (e.g. from a prior year), the only option would be to file the return on paper, which is not ideal at all given the state of affairs at the IRS.

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merllene
Level 2

The employee lost the W-2.  I've instructed them to call the former manager of the company in an attempt to obtain the FEIN.  Thanks for your help.

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