Obtaining AZ Withholding without W-2

Recently I was working on a Tax resolution case where a non-filer client had not filed Federal Income tax returns (1040) since 2011. IRS had sent the client CP504s for a 2009 and 2010 balance.

The first step is such cases is to get the taxpayer in compliance with the IRS. This involves filing the last 6 years of tax returns (as of Jan 01, 2021 this is 2015-2020 tax year returns).

As it happens, the client did not have any physical W-2s in their possession for any of their years. While the IRS Wage and Income transcripts give you the Federal withholding, it does not contain state withholding. While most of the state department of Revenues’ give you the withholding amount over the phone with a valid POA, the Arizona Department of Revenue (AZDOR) does not have this information!

After multiple searches, and scouring over various posts, I was able to identify four main methods to obtain state withholdings.

a) Call the state department of Revenue with a valid POA. Usually they give the state withholding numbers via the phone.

I have heard that some states give this (sometimes without a POA) if you mention the Federal withholding amounts and the employer name (from your IRS transcripts).

For states that have not invested in their computer systems, such as Arizona, this is unavailable, so the next two would be applicable.

b)

This is the most obvious one – ask the client to talk to all their employers and ask for a copy of the W-2s for the years in question.

However, this might be easier said that done. While the larger clients are willing to comply with a simple request, the smaller employers generally give the client a hard time providing this. One option is to send a stern letter to all the employers citing the following page from the IRS. Hopefully, this yields some results.

For Arizona, employers have to keep the withholding records for four years. The cite is R15-10-502. Hopefully, the client has luck with this method.

c) The best method is to contact the Social Security Administration. This link has the details on how to request it. Ensure that you cross-reference all the employers from the IRS W&I transcript.

d) If there is not enough time to perform the above three steps, the fourth is a brute force method. Here you disclose that you are assuming the AZ withholding is 2.7% of the total wages, and let the state correct you. If you have a prior year W-2 from the same employer, you can assume the same withholding ratio.

It is important to work with an Enrolled Agent who is experienced in bringing non-filers into compliance. Feel free to set up a free one-hour consultation with me by emailing me at PhoenixITIN@gmail.com, or by calling 480-442-7063, so that I can help you chart a path and help bring you in compliance with the IRS.

DISCLAIMER: The above blog is to give you a general idea and is not to be construed as tax advice. Each person’s tax situation is unique, so consult a qualified tax professional.

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