4852 Form Instructions to File

Form 4852, Substitute for Form W-2 – Wage and Tax Statement and 1099-R – Retirement Income is a replacement form. The Internal Revenue Service allows taxpayers that haven’t received the information returns that report income to file Form 4852 to replace them. Although this tax form mostly applies to those who are an employee of someone, as financial institutions generally furnish the information returns on time, the use of it goes both ways. 

Whether you’re expecting your W-2 or 1099-R but haven’t got it, you can file your tax return after February 14.

Form 4852 Boxes 1 – 2 – 3 – 4 – 5

Box 1: Enter your name as shown on your federal income tax return.

Box 2: Enter your Social Security Number.

Box 3: Enter your mailing address as shown on your federal income tax return.

Box 4: State the tax year and the tax form you’re filing Form 4852 to substitute. 

Box 5: Enter your employer’s or the payer’s name, address, and TIN if you know it. 

Box 6: Enter your employer’s or the payer’s taxpayer identification number if you have it.

Form 4852 Box 7 – 8 – 9 – 10

Box 7: Enter the wages, salaries, tips along with the portion of these subject to Social Security and Medicare taxes. And, enter federal, state, and local income taxes withheld, and the Social Security and Medicare taxes.

Look at your last pay stub issued to you for the tax year to enter the money amounts. 

Box 8: If you’re substituting Form 1099-R, enter the total amount withdrawn during the tax year, taxable amount, capital gains, total distribution, and income taxes withheld.

Use your last payment statement to enter the money amounts.

Box 9: You will need to briefly explain how you gathered the money amounts for boxes 7 and 8. You can just write down my last pay stub or statement.

Box 10: Explain your efforts to receive your W-2 or 1099-R to the Internal Revenue Service. 

Once the above is complete, you can attach it to your federal income tax return. 

How to e-file Form 4852?

Unfortunately, you cannot do that. The Internal Revenue Service doesn’t accept Forms 4852 electronically. You must fill out a paper copy of the form and attach it to your federal income tax return.

Where to mail Form 4852?

You don’t need to mail Form 4852 separately to the IRS. Simply attach it to your tax return and mail them together. So, you will need to mail not only Form 4852 but every other tax form used for your return to the 1040 mailing address.

How to fill out Form 4852 without pay stub?

Without your last pay stub, it’s quite hard to gather the information necessary to file Form 4852. So, you will need it but if you have access to the total amount of income earned, taxable wages, and taxes withheld, you’re good to go.

One Comment

  1. If one studies the W-2 form well enough, along with the instructions for form 4852, you will notice that both refer to Federal Incomes. An employer that does not issue Federal sourced payment as described in Section 3402(p) is informed in Section 3402(p) that private enterprises issues paycheck to their employees does not qualify as a Federal source payee. One needs to read and read this section over and over until the reality of these written words overrides the incorrect pre-conceived, unfounded notions from factual references, as given here, by other statues that would contradict Section 3402(p). But the contradictions don’t exist. The written law is the law. What our mind’s preconceived ideas of taxation are not correct unless they can be supported by statutory references as shown here. Another example is thinking an employee is working for a trade or business. But the statutory definition for “Trade or Business” is located in Section 7701(26). Private businesses are not – by Congressional definitions to be used for taxation purposes- are not a Trade or Business (please look up this reference yourself and be surprised how wrong we have been). The issue to filling out your 1040 correctly is how to fill it out with the proper forms supporting your claim that you didn’t received any Federally source paychecks during the course of your employment. Not following the law exposes an employee incorrectly to stating false claims on his 1040 return. The IRS will write back to you asking to prove and show which Federal office, department, or Administration issued your paycheck to lawfully, and truthfully, accept your 1040 as factual. Otherwise a $5,000 civil penalty can be applied to your false return which they will claim is a frivolous return. Your defense to avert this penalty will be ZERO, zillch, nothing; you have no evidence to the contrary to exonerate yourself from their claim of a false return that you received paycheck from a Federal source. What will do going forwards ?

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