Taxation and Regulatory Compliance

When Is the Deadline for W2 Forms?

Navigate W2 deadlines. Essential info for employers and employees on timely filing, receipt, and what to do if your form is missing.

Form W-2, the Wage and Tax Statement, is a crucial document for both employees and employers. It reports an employee’s annual wages, salary, and other compensation, along with federal, state, and local taxes withheld. This comprehensive record of earnings and deductions is used by employees to prepare and file their income tax returns. Understanding W-2 deadlines is important for a smooth tax preparation process.

Key Deadlines for Employers

Employers face specific deadlines for W-2 forms. By law, employers must provide employees with their W-2 forms by January 31st each year. This deadline ensures employees have the necessary documentation to prepare their tax returns well in advance of the April tax filing due date.

Employers must also file Copy A of the W-2, along with Form W-3 (Transmittal of Wage and Tax Statements), with the Social Security Administration. This filing deadline is also January 31st, whether filing electronically or by paper. This unified deadline helps streamline the reporting process for the SSA and IRS.

Employers can request an extension for filing with the SSA by filing Form 8809, Application for Extension of Time to File Information Returns. This form typically grants an automatic 30-day extension. However, obtaining an extension to file with the SSA does not extend the deadline for furnishing W-2s to employees.

Employee Actions for Unreceived W-2s

If an employee does not receive their W-2 form by the January 31st deadline, or by mid-February, they should contact their employer directly. This initial step involves inquiring about the W-2 and confirming the mailing address. The form may have been mailed to an incorrect address or simply delayed in transit.

If direct communication with the employer does not resolve the issue and the W-2 remains unreceived by the end of February, contact the Internal Revenue Service (IRS) for assistance. When contacting the IRS, be prepared to provide personal information, dates of employment, and the employer’s name, address, and phone number. The IRS can then contact the employer to request the missing form.

If the W-2 is still not available in time to file a tax return by the April deadline, employees can use Form 4852, Substitute for Form W-2, Wage and Tax Statement. This form allows individuals to estimate their wages and withheld taxes using information from their final pay stubs or other reliable records. Form 4852 is attached to the tax return, enabling timely filing even without the official W-2.

Consequences of Late Filing for Employers

Employers who fail to meet W-2 furnishing and filing deadlines can face financial penalties from the IRS. Penalties apply for both failing to provide W-2s to employees on time and for failing to file them with the Social Security Administration by the due date.

Penalty amounts vary based on how late the forms are provided or filed. Penalties can start at a lower amount per form if corrected within 30 days of the due date, increasing significantly if filed more than 30 days late or after August 1st. Penalties are assessed per W-2, meaning a business with multiple employees could incur substantial fines if many forms are delayed. If the IRS determines an employer intentionally disregarded filing requirements, higher penalties can be imposed without a maximum limit.

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