By What Date Do Employers Have to Send W-2s?

A Form W-2, also known as the Wage and Tax Statement, is an annual document employers issue to report an employee’s wages and the taxes withheld. This form is fundamental for employees to file their federal and state income tax returns and for the Internal Revenue Service (IRS) and Social Security Administration (SSA) to track income and tax obligations.

Understanding the W-2 Deadline

Employers must furnish Form W-2 to their employees by January 31st of each year. This deadline ensures employees have ample time to prepare and file their individual tax returns. Employers also have a concurrent deadline to file Copy A of Form W-2, along with Form W-3 (Transmittal of Wage and Tax Statements), with the Social Security Administration (SSA). Meeting both deadlines is important for employers to remain compliant with federal regulations.

How Employers Deliver W-2s

Employers can deliver W-2 forms to their employees using several methods. These include mailing physical copies, which must be postmarked by the January 31st deadline, or hand-delivering them. Electronic delivery is another common and often more efficient method, typically through secure online portals or encrypted email. For electronic delivery, employers must generally obtain the employee’s explicit consent.

Consequences for Late W-2s

Employers who fail to meet the W-2 deadline or provide incorrect information face penalties from the IRS. These penalties vary based on how late the forms are furnished and the size of the employer’s business.

For instance, if forms are up to 30 days late, the penalty can be $60 per form. The penalty increases to $130 per form if they are filed more than 30 days late but by August 1st. If forms are filed after August 1st or not at all, the penalty can reach $330 per form.

Penalties are assessed per individual W-2, meaning fines can quickly accumulate for businesses with many employees. State-level penalties may also apply, depending on the specific state’s regulations, in addition to federal penalties.

What to Do If You Don’t Receive Your W-2

If an employee does not receive their W-2 by the January 31st deadline, the first step is to contact their employer directly. The employee should confirm their mailing address or electronic access information and inquire when the form was sent or will be sent. It is advisable to allow a reasonable amount of time for the employer to re-send the W-2.

If the W-2 is still not received by the end of February, the employee should contact the IRS for assistance. When contacting the IRS at 800-829-1040, it is important to have specific information ready, including the employer’s name, address, phone number, and the employee’s Social Security number, along with estimated wages and taxes withheld.

The IRS will then contact the employer to request the missing form and can provide the employee with Form 4852, Substitute for Form W-2, Wage and Tax Statement. This form can be used to file a tax return if the W-2 remains unavailable by the tax filing deadline, though it may delay any potential refund.