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What are the Impacts of a Missing W11?
March 22, 2011 7:33 AM   Subscribe

What are the potential impacts for me and for my former employer with a missing IRS W11 form?

Last year I did a small stint of work at a large corp. through a placement firm. My check came from the placement firm, I worked onsite at the large corp. Pretty standard W2 consulting.

I was recently contacted by the placement firm saying they forgot to get me to sign a W11 form and need me to send one over right away.

What sorts of ramifications would not having this form have on them? What ramifications would not getting the form to them have on me?

It looks like the form is for the HIRE act. As I was employed prior to working with them, they wouldn't legally be able to claim a tax credit for me anyway, so it seems like a internal bureaucracy decision. However, I'm curious as to the particulars here.

(Yes, I know, don't be a dick. Yes, I know not filling out the form probably means they'll never place me anywhere again. I just want to be informed before I sign a piece of paper that's being shoved at me)
posted by anonymous to Work & Money (2 answers total)
 
Not a lawyer/accountant, etc.

It looks like the form is for the HIRE act. As I was employed prior to working with them, they wouldn't legally be able to claim a tax credit for me anyway, so it seems like a internal bureaucracy decision.

According to the form, if you sign it you are stating that you "have been unemployed or have not worked for anyone for more than 40 hours during the 60-day period ending on the date I began employment with this employer." Since this isn't true, you cannot sign the form without committing perjury. Does your employer think you were unemployed before they hired you for some reason? It would probably make sense to ask whoever contacted you about why they are asking you to sign it.
posted by burnmp3s at 7:57 AM on March 22, 2011


Here is what you're asserting when you sign a W11:
"I certify that I have been unemployed or have not worked for anyone for more than 40 hours during the 60-day period ending on the date I began employment with this employer."
Was this actually the case? If so, sign the form. The ramifications are that they can claim a tax credit for hiring you if they have a signed form from you and certain eligibility requirements are met. If not, you cannot sign the form, so there's no reason for them to send one to you. It would be perjury to sign the form if that statement isn't true, so you can just let them know that you're sorry but you aren't eligible to sign a W11. IANAA.
posted by zachlipton at 8:00 AM on March 22, 2011


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