Haven’t received your W-2 or 1099? Incorrect W-2 or 1099? Follow These 3 Important Steps

What if you haven’t received your W-2 or 1099 or you have an incorrect W-2 or 1099? 
You’ve been strategizing all year and compiling all of your tax forms since January.  You waited for most of February for that one missing document…your W-2 or 1099 from your company.  Shouldn’t I have it by now, you ask.  The answer is YES.  What can you do about it?
Under federal law, employers must send employees their W-2’s by January 31st of each year.    Similarly, companies with independent contractors must provide 1099 forms by January 31st.
W-2s or 1099’s are also filed with the IRS.  The purpose for this is to inform of the wages or non-employee compensation a worker has earned and how much Social Security and Medicare taxes were withheld.
If you still have not received your W-2 or 1099 or it needs to be corrected, follow these important steps:

#1: Call your company

There may have been a simple mailing mistake so call your company’s payroll or human resources department.   It could be as simple as getting your new address.  They can also email you or possibly provide your W-2 or 1099 in a secure portal on their website.
If there is an error on the W-2 or 1099 you did receive, contact your company and let them know in detail why it is incorrect.  If they agree with the error, they can issue a corrected W-2 or corrected 1099.  These corrections will go to the IRS and to you so the records all match. Be sure to let your company know the correction is urgent.

#2: Contact the IRS

If your company fails to provide you with your W-2, it is time to get help from the IRS.   They can contact your company (if you haven’t received after February 14th) and inquire as to the missing W-2.  They can be reached at (800) 829-1040. Be sure to have the following information when you call:

  • company or payer name, address and phone number
  • dates of employment
  • federal tax withholding estimate of your W-2. This can be found on the last W-2 pay stub.

Form 1099’s are not necessary for filing, like a W-2 is, so calling the IRS is not necessary.  Just refer to your own records if you have a missing 1099.

#3: File your tax return

If your company provided you with the documentation you requested, obviously file by the April 15 due date.  If you still don’t receive your W-2, the IRS will send you form 4852, IRS substitute to Form W-2.  You will prepare this form and file it with your tax return. To complete Form 4852, You can use your pay stubs to insert the figures necessary.

Tax Resolution

Be aware that you may finally receive the missing or corrected Form W-2 or 1099 after you filed your return.  If you made a mistake on your Form 4852 that you need to correct, or if the 1099 amount you reported is agreed incorrect, you’ll need to file a 1040X amended tax return.  You may face an IRS audit if it isn’t corrected.
Not receiving timely W-2’s or 1099’s are actually a common problem so don’t feel alone. Many companies go out of business, merge or are purchased by another firm or just have terrible bookkeeping.  Some companies are also victims of fraudulent or incompetent payroll employees or payroll companies.
If you unfortunately incur tax debt due to a 1099 you overlooked and receive an underreporter notice, called a CP2000 notice, there are options such as IRS installment agreements and IRS settlements (known as offer in compromise).
Taxpayers needing tax resolution help with missing or incorrect W-2’s or 1099’s should seek the advice of a tax attorney.  The Attorneys at Delia Law have many years of tax relief experience and will competently represent you before the IRS.
Please call for a no-cost tax attorney consultation for tax resolution. Our attorneys are available to serve you in San Diego, Orange County and Los Angeles.  We are also available nationwide.  We look forward to helping you.
This blog post is not intended as legal advice and should be considered general information only.

IRS Tax Lien Help in San Diego

Feeling overwhelmed is common if you have outstanding taxes owed to the IRS. Unsettled tax obligations can lead to significant repercussions. Various strategies may be ...

IRS Tax Lien Help in Los Angeles

When it comes to taxes, one of the worst things that can happen is having the IRS files a Notice of Federal Tax Lien against ...
Payment Arrangements with the IRS in Los Angeles Blog Archive

Payment Arrangements with the IRS in Los Angeles

Looking into making payment arrangements with the IRS in Los Angeles? Should you call a federal tax attorney in Los Angeles for your IRS tax problems?  Navigating ...
What to do when tax preparer messes up Blog Archive

What to Do When Your Tax Preparer Messes Up Your Taxes

Facing IRS Tax debt or an IRS tax audit due to errors made by your tax preparer? Here’s a comprehensive guide on steps to take ...
Scroll to Top


Federal IRS Practice.  Attorney advertisement. Prior results do not guarantee similar outcomes. (1) Attorneys of Delia Law P.C. are only licensed in the jurisdictions mentioned in their biographies and not all lawyers mentioned or displayed in Website content may be able to assist clients without adding attorneys admitted in the specific jurisdiction; (2) Delia Law P.C.’s only offices are in Maryland and New York. Mentioned other locations are unstaffed virtual locations, by appointment only, that are not designed to suggest or create a permanent presence; (3) Local counsel are independent and not partners or employees of Delia Law P.C.; (4) All clients of Delia Law P.C. will receive additional, written information (about the lawyer assignment/licensing in the case, our fees etc.) before making a decision to becoming a client. All website Terms and disclaimers apply.

Prior results do not guarantee similar outcomes; attorney advertising. All information on this website has been prepared for informational purposes only and does not constitute legal advice. While this information may constitute attorney advertising in some jurisdictions, merely reading this information does not create an attorney-client relationship. Every case is different, any prior result described or referred to herein cannot guarantee similar outcomes in the future. All visitors to this Website are informed that Delia Law P.C. (“Firm”) works with affiliated lawyers (referred to as “Local Counsel”) in various cities and states across the United States. These Local Counsel may assist the Firm on a case-by-case basis, operate their own respective law firms, are independent of Firm, and are not partners, owners, of counsel, or employees of Firm. Clients and prospective clients should be aware that when referencing to Firm’s experience, this experience may combine the knowledge and experience of both Firm and its frequently used Local Counsel in the aggregate. Specifically, if and when Firm cooperates with Local Counsel, Firm will disclose the details to the client in writing for their approval. Delia Law P.C. is headquartered in New York City. References to a particular city or state in any article or anywhere on this website does NOT mean that Firm maintains an office with staff in that location, and it does NOT mean that Firm has attorneys physically located in that city or state. Firm’s lawyers are only licensed to practice state law in the states mentioned in their respective biographies. With few case-by-case exceptions, Firm’s practice is limited to matters and questions of federal law and federal procedure. Firm’s engagement letter and Firm’s website disclaimers provide additional details.