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Edited on Mon Mar-01-10 08:50 PM by Zomby Woof
The reason the IRS asks you for a copy with your 1040 is that they won't even get the employer's copy until much later in the year.
Ask your employer for a replacement copy, and make sure to ask how long it will take - before or after April 15?
If you get it before April 15, great, then you can proceed to file as planned.
You should file for an extension (Form 4868) if you know you won't get your replacement W-2 until after April 15. If your employer cannot provide a replacement W-2 for some reason at *any* time, use your last pay stub of 2009 (which shows year-to-date totals) to complete a blank W-2 or a substitute W-2 (Form 4852) which you can download from irs.gov (note: the 4868 is only an extension to file, for there is no extension to pay - provided you expect to owe anything instead of getting a refund - and it *must* be filed by EOD April 15).
If you do not have your final 2009 pay stub (or any earlier pay stub from 2009), it is okay to do a 4852 with your best estimate, and file the 1040 with these estimates. Then if you do get an actual W-2 copy later, file an amended return (Form 1040X) reflecting the corrected amounts. When doing an estimated return, it is best to err on the side of overestimating your income, and underestimating your taxes withheld, so that you do not overstate your refund amount (or understate your amount owed) and end up owing with interest and penalties later for any unpaid amount. If you think you will owe, send a payment of your estimated amount. If you need to file a 4868, send your payment with that form, to avoid possible interest and penalties - remember, the 4868 is not an extension to pay.
What usually happens when these estimated returns are filed, is the IRS eventually gets the employer's copy of your W-2. They will compare the W-2 with your 4852 and the amounts reported on your 1040. If you overpaid based on your estimate, you will happily get refunded the difference. If you underpaid, you will get charged the unpaid amount, plus interest and penalties. Either way, you will get a letter. DO NOT PANIC. These letters are standard. Also, do not be afraid to ask for a waiver of late payment penalties. Most of these waivers are granted upon verbal request, especially if you have a good tax reporting/payment history with the IRS. Interest, however, and interest penalties are almost never waived.
Good luck!
(Former employee of the IRS and H&R Block here) :-)
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