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Here are some helpful answers to some of your questions and concerns. If your tax question is not answered below, you can email to: [email protected].

GUEST BLOG: Notice: “The provided information is only meant to be informative and is not legal advice, as each person’s situation is different. If you have a specific tax question or need tax help and are located in Virginia, contact the Community Tax Law Project at 804-358-5855 to get more information. If you are not in Virginia, you can contact the Low Income Taxpayer Clinic in your state.” 

What is a tax return? 

A tax return is a form or forms that a worker must file before a tax authority to report their income, deductions and other relevant tax information. When filing a tax return, the taxpayer can calculate how much they owe in taxes, schedule tax payments and/or request refunds for extra taxes paid. 

In the United States, tax returns are filed with the Internal Revenue Service (IRS), on the federal level or with the state tax collection agency (which in Virginia is the Virginia Department of Taxation). Tax returns are usually prepared using forms provided by the IRS and/or the relevant state tax agency. 

Usually, tax returns begin with the taxpayers personal information, which includes marital status and information about their dependents, which is provided by the taxpayer. In general, tax returns have three primary sections where you can provide your income information, claim deductions, and/or file for tax credits if you are eligible.

Who needs to file taxes? 

Whether you are required to file a tax return will depend on how much time you are in the United States with an H-2 visa and how much money you earn during that year. It will also depend on your marital status, if you have dependents and your residency. For example, a single taxpayer under 65-years-old will need to file a tax return for the 2022 tax year if they earned $12,950 or more in that year. 

In general, if your total income for the year is not a above a certain limit, you will not need to file a federal tax return. You can find more information about income thresholds here: https://www.irs.gov/es/newsroom/who-needs-to-file-a-tax-return

Where can I find my W-2 form? Does it cost anything? 

Your employer needs to provide you with a W-2, Wage and Tax Statement, before January 31 of the following year. If your employer dos not give you virtual access to your W-2, they should mail it to you or give it to you in person no later than January 31. Employees should not pay anything to get their W-2. 

How do I file my tax return if the company I work for has not given me a W-2? 

The first thing you should do is check if you can access your W-2 online, especially if the company you work for uses an online payroll system. You can also talk to the human resources department or payroll to ask about the status of your W-2. If your employer is not helpful, you can communicate directly with the IRS at 800-829-1040. The IRS will communicate with your employer and request the missing W-2 for your. The IRS recommends you wait until the end of February to see if your W-2 for the previous year arrives before communicating directly with them. 

If you can’t get your W-2 before the tax deadline, you can still file your taxes online using Form 4852, “Substitute for Form W-2, Wage and Tax Statement.” This form asks for information about your salary and income that was withheld. It is helpful to have a pay stub from the year that you are filing for to complete Form 4852 because it is likely it has the information you need to complete the form so you can file your taxes with it. 

If you have a question that is not answered here or you need help with a tax situation, contact the  Community Tax Law Project at 804-358-5855 if you are in Virginia, or contact Low Income Taxpayer Clinic in your state.

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