Taxation and Regulatory Compliance

When Do Employers Have to Send W-2s?

Understand employer obligations for W-2 forms, key deadlines for tax season, and what to do if yours is delayed.

A Form W-2, also known as the Wage and Tax Statement, is an Internal Revenue Service (IRS) tax document employers use to report wages paid to employees and taxes withheld. It provides the necessary information for individuals to prepare their annual income tax returns, calculate tax obligations, and determine potential refunds.

Key Information on a W-2

A W-2 form contains important details regarding an employee’s earnings and taxes withheld during the calendar year. Box 1 displays the total taxable wages, tips, and other compensation, including bonuses and certain fringe benefits. This amount might differ from an employee’s gross pay due to pre-tax deductions like contributions to retirement plans or health insurance.

Box 2 shows the federal income tax withheld. Boxes 3 and 5 report wages subject to Social Security and Medicare taxes, respectively, while Boxes 4 and 6 indicate the amounts of Social Security and Medicare taxes withheld. Social Security wages are subject to an annual wage base limit, whereas Medicare wages do not have such a limit. The W-2 also includes sections for reporting state and local wages and income taxes withheld, which are crucial for state and local tax filings.

Employer Deadlines for Providing W-2s

Employers must provide W-2 forms to their employees by January 31 of the year following the tax year. For instance, W-2s for the 2024 tax year must be sent to employees by January 31, 2025. This deadline allows employees time to prepare and file their individual tax returns before the April 15 tax deadline.

If January 31 falls on a weekend or a legal holiday, the deadline is extended to the next business day. Employers must either mail the forms or provide them electronically, provided the employee has given consent for electronic delivery. If an employee’s employment ends before the end of the year, the employer is still obligated to provide the W-2 by the January 31 deadline.

While employers can apply for extensions to file W-2s with the Social Security Administration (SSA), this extension does not apply to the deadline for providing W-2s to employees. Employees should still expect their W-2 by the January 31 deadline, regardless of any employer filing extensions with government agencies.

Employer Filing Obligations

Beyond providing W-2s to employees, employers have a separate obligation to file these forms with the Social Security Administration (SSA). This filing informs the SSA and IRS about the wages and taxes reported for each employee. The deadline for employers to file Copy A of the W-2 along with Form W-3 (a transmittal form summarizing all W-2s) with the SSA is also January 31.

This unified January 31 deadline for both furnishing W-2s to employees and filing with the SSA helps the IRS detect and prevent tax fraud by allowing earlier verification of income. Many states and some local tax agencies also have their own W-2 filing requirements and deadlines, which may align with or differ from the federal deadline. Employers can face penalties for failing to file W-2s accurately and on time with the relevant government agencies.

Actions If You Don’t Receive Your W-2

If an employee does not receive their W-2 by the January 31 deadline, it is best to wait until at least mid-February before taking further action, as mail delivery can sometimes be delayed. The first step is to contact the employer directly, such as the payroll or human resources department, to inquire about the W-2’s status and verify the mailing address.

If the employer does not provide the W-2 after a reasonable amount of time, or if they are unresponsive, the next step is to contact the IRS for assistance. When contacting the IRS, employees should have specific information ready, including their name, address, Social Security number, and dates of employment. They will also need to provide the employer’s name, address, phone number, and Employer Identification Number (EIN) if known, along with an estimate of wages earned and federal income tax withheld.

The IRS will then contact the employer on the employee’s behalf to request the missing W-2 and may also send a Form 4852, Substitute for Form W-2. If the W-2 is still not received in time to file the tax return, Form 4852 can be used to estimate income and withholding taxes, attaching it to the tax return. If a correct W-2 is received after filing with Form 4852 and the information differs, an amended return using Form 1040-X may be necessary.

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