We can Efile with a 4852 Subsitute W2? Havent had one in years, didnt think it could be Efiled.

[Just-Lisa-Now-]

Has the system gotten more sophisticated or is Review just not flagging it for me?

[IRonMaN · Accepted solution]

My dear friend Google tells me that the return has to be paper filed.

[Just-Lisa-Now-]

Looks like I can Efile, BUT it wont be sending the 4852 along with the return, just the info on the W2 worksheet.

Company went out of business in mid January last year, client says it was a pretty shady company, and just closed up shop one day! It was a union shop and even the union hall has no information about where they went.

Im betting they didn't even file payroll reports, and its doubtful that any W2s will arrive.  Ugh!

[IRonMaN]

Weird.  Google came up with links for TaxAct and TurdoTax, both saying you have to paper file.  However, the IRS says this:

If the taxpayer is unable to secure and provide a correct Form W-2, Form W-2G, or Form 1099-R, Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., the ERO may electronically file the return after the taxpayer completes Form 4852, Substitute for Form W-2, Wage and Tax Statement or Form 1099-R, Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., in accordance with the use of that form.

[Just-Lisa-Now-]

If I leave it off, it only makes a $5 diff on fed refund if they ever finally issue one, no sweat.  
For CA, if I leave it off,  they would owe $137 more if a W2 ever does appear at some point.   

But If I file the CA return and include the paystub info with the sub W2, it will create a state withholding mismatch and the refund will be delayed since they don't have record of the state withholding...CA is a pain about matching up those withholdings!