Form 4852

Technical topics regarding tax preparation.
#1
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310
Joined:
13-Feb-2017 3:50pm
Location:
California, USA
Client could not receive a Form W-2 from his former employer. It is obvious by now that he will never get it.

Can I go ahead to prepare Form 4852 for him based on payroll information that he has provided? Or must he contact the IRS and have the IRS prepare the Form 4852 for him?

The instruction of Form 4852 is quite confusing. On the one hand, it needs the taxpayer to declare that "I have notified the IRS of this fact" on Line 4. So this seems to indicate that the taxpayer must contact the IRS to request them to prepare the Form 4852.

On the other hand though, the instruction also says "Form 4852 serves as a substitute for Forms W-2, W-2c and 1099-R and is completed by you or your representatives...." So this seems to indicate instead that the taxpayer or his representative can go ahead to prepare the Form 4852 by themselves.

Advice will be very appreciated.
 

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