Form 4852, Form 8082 and Form 4598

Form 4852 – Substitute for W-2 or 1099-R

Scenario: David worked at a company that shut down suddenly, and his employer didn’t provide his W-2 for the year. He needs to file his tax return but doesn’t have the official document.

Example:

  • He contacts the IRS to request the missing W-2, but they cannot obtain it.
  • He uses Form 4852 to estimate his wages and tax withheld based on his last paycheck or other records.
  • The IRS may follow up with his employer, but this ensures he can file his return on time.

Form 8082 – Notification of Inconsistent K-1

Scenario: Lisa is a partner in a business and receives a Schedule K-1 showing $50,000 in taxable income. However, her own records and discussions with the company’s accountant indicate she should only report $40,000.

Example:

  • She files Form 8082 to inform the IRS of the discrepancy between her K-1 and her tax return.
  • She provides supporting documentation showing why she believes the reported amount should be corrected.
  • The IRS may investigate the partnership’s return and determine if adjustments are needed.

Form 4598 – Employer Non-Cooperation

Scenario: John worked for a small business that refused to give him a W-2, saying they only paid him as an independent contractor. However, John knows they withheld taxes and treated him as an employee.

Example:

  • He repeatedly asks his employer for a W-2, but they refuse.
  • He files Form 4598, providing details of his earnings and employer’s refusal to cooperate.
  • The IRS may intervene and take action against the employer for failing to issue required forms.

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