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Yesterday, my wife received a W2 in the mail from her employer for the little work she did in 2010. Looks like the employer forgot to send her the W2 in 2010 and for some reason now realized it.

She made $2000 in 2010 doing some part time work.

What should I do in this scenario since 2010 was 6 years ago? I used Turbo Tax to file all my returns and I cannot ammend 2010 return. Any suggestions?

UPDATE: Okay I got some more information from the employer. The employer said that he used the ADP service in 2010 and he is not sure if ADP submitted the W2 to IRS or not in 2010. I also asked the employer that if he is going to submit W2 to IRS right now in 2016. The employer told me the filing he is sending goes to Social Security Administration and he DOES NOT send anything to IRS.

  • Why do you feel that you can't amend the return? Because TurboTax won't do it for you? Did the employer just now send the W2 to the IRS or did they send it correctly the first time? – farnsy Feb 16 '16 at 23:18
  • I don't know when the employer sent the W2 to the IRS. The W2 does say 2010 printed on it. – JohnDoe Feb 16 '16 at 23:21
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    Pretty sure you can file an amended return (1040X) on paper for many years if you owe them money. However, if the W2 was sent to the IRS in 2010 and they haven't said anything yet, I'd say your probability of being audited is vanishingly small at this point and you can pretty safely do nothing. Your choice depends on how eager you are to pay Uncle Sam his due. – farnsy Feb 16 '16 at 23:25
  • I will ask my wife to ask her employer when he submitted the W2 to IRS. – JohnDoe Feb 16 '16 at 23:30
  • You should also check to see if you paid the tax on this $2000. You really should have paid it even if you didn't get a W-2 for the work. Your trouble will be less (or possibly none at all) if you paid the tax and the W-2 just arrived late. If you owe the tax, that's probably going to be a bit more painful and something you'll want to address sooner than later. – user32479 Feb 17 '16 at 2:24
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You don't have to amend, as long as the original return was correct and complete to the best of your (then) knowledge.

The statute of limitations for the 2010 tax year expired 3 years after filing your return, so if you filed on time by April 15th, 2011 - the statute expired on April 15th 2014. The IRS can't come after you now for the missing taxes unless they proved you knowingly under-reported (=fraud, statute of limitations doesn't apply at all), or you under-reported 25% or more of the income or $5000 or more (=statute of limitations is 6 years for this case, expiring April 15th 2017). Unless your total MFJ AGI for 2010 was $8000 or less, you're OK.

You can amend, though. That would be the right thing to do. You can do it manually on a PDF form 1040X.

Keep in mind that your State may have different statute of limitations rules.

  • Thanks! What if the employer just now sent the W2 of 2010 to IRS? What should I do in that scenario? – JohnDoe Feb 18 '16 at 1:13
  • My comment about when the W2 was sent was because a brand new W2 will draw the IRS's attention to you and increase the probability of an audit. But if this info is correct, that won't matter because they can't legally come after you for it at this point. – farnsy Feb 18 '16 at 4:58
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    @JohnDoe Nothing. The IRS will not audit a 6 year old return unless there's a suspicion of fraud, it's beyond statute. – littleadv Feb 18 '16 at 7:07
  • Thanks I just posted some update in the original question! – JohnDoe Feb 18 '16 at 17:25
  • @JohnDoe good job. – littleadv Feb 18 '16 at 17:36

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