When Do Employers Have to Have W-2s Out?
Understand W-2 form deadlines, employer compliance obligations, and what employees can do if they don't receive their wage statement.
A W-2 form, also known as the Wage and Tax Statement, is a document employers issue to each employee and to the Social Security Administration (SSA) annually. This form reports an employee’s annual wages and the amount of taxes withheld for federal income tax, Social Security, and Medicare. It is essential for employees to file their federal income tax returns and for the IRS to verify reported income and withholding.
Understanding the W-2 Distribution Deadline
Employers must furnish W-2 forms to employees by January 31st of the year following the calendar year to which the W-2 relates. For example, W-2s for the 2024 tax year must be distributed by January 31, 2025. This deadline ensures employees have adequate time to prepare and file their income tax returns. If January 31st falls on a weekend or legal holiday, the deadline shifts to the next business day.
The January 31st deadline also applies to employers for filing Copy A of the W-2 forms, along with Form W-3, with the Social Security Administration. Employers can deliver W-2s to employees by mail or electronically. If mailed, forms must be postmarked by the deadline; electronic delivery requires prior employee consent.
Employer Actions for W-2 Compliance
Employers anticipating difficulty meeting the W-2 filing deadline with the Social Security Administration can request an extension using Form 8809. Filing Form 8809 grants an automatic 30-day extension to file with the SSA. However, this extension is generally not automatic for furnishing W-2s to employees. An extension for W-2s filed with the SSA is only granted under extraordinary circumstances.
Failing to meet W-2 deadlines results in penalties for employers. Penalties apply for not furnishing W-2s to employees or not filing them with the Social Security Administration by the deadline. These penalties vary based on how late forms are provided or filed and whether the failure was due to intentional disregard. For example, penalties for late or incorrect forms range from $60 per form if corrected within 30 days, increasing to $310 per form if filed after August 1st or not at all, with higher amounts for intentional disregard. These penalties are applied per W-2, meaning the total cost can accumulate for businesses with multiple employees.
Employee Steps for Missing W-2s
If an employee does not receive their W-2 form by the January 31st deadline, the first step is to contact their employer’s payroll or human resources department. Employees should verify their mailing address or electronic delivery method and inquire when the W-2 was sent or if it can be reissued. It is advisable to allow a reasonable timeframe, such as a week or two, for the employer to respond or resend the form.
If the employer does not provide the W-2 after a reasonable period, typically by the end of February, the employee can contact the IRS for assistance. When contacting the IRS at 1-800-829-1040, the employee should be prepared to provide their name, address, Social Security number, phone number, and dates of employment. They should also provide the employer’s name, address, and phone number. The IRS will then contact the employer and request the missing W-2.
If the W-2 is still not received in time to file a tax return, employees can use Form 4852, Substitute for Form W-2. This form allows employees to estimate their wages and tax withholdings using information from their final pay stub or other reliable records. Attaching Form 4852 to a paper tax return enables timely filing, though returns with Form 4852 cannot be e-filed. If the actual W-2 is later received and contains different information than what was reported on Form 4852, an amended return using Form 1040-X may be necessary to correct discrepancies.