When Employers Must Send Out W-2 Forms to Employees

## Understanding W-2 Forms The W-2 form, officially known as the "Wage and Tax Statement," is a crucial document that employers must provide to their employees and the Internal Revenue Service (IRS). This form summarizes an employee's annual wages and tax withholdings, serving as a vital component of the tax filing process. ## Legal Deadlines and Requirements Employers must furnish W-2 forms to their employees by **January 31st** of the year following the tax year. For example, W-2 forms for the 2023 tax year must be provided by January 31, 2024. This deadline applies to both: - Electronic distribution (with employee consent) - Paper forms (by mail or in person) > **Important**: If sending by mail, employers should ensure forms are postmarked by January 31 to meet the deadline requirement. ## Required Information Employers must ensure W-2 forms include: 1. Employee's full name, address, and Social Security number 2. Employer's name, address, and EIN 3. Wages paid and taxes withheld 4. Social Security and Medicare wages 5. State and local tax information (if applicable) ## Electronic Filing Requirements Employers filing 250 or more W-2 forms must file electronically through the [Social Security Administration's Business Services Online](https://www.ssa.gov/bso). The IRS provides resources for [electronic filing](https://www.irs.gov/e-file-providers/filing-information-returns-electronically-fire) through the FIRE system. ## Penalties for Late Filing The IRS imposes penalties based on how late the forms are filed: | Days Late | Penalty per Form | Maximum Penalty | |-----------|------------------|--------------------| | 1-30 days | $50 | $556,500 | | 31+ days | $110 | $1,669,500 | | After August 1 | $270-280 | $3,339,000 | ## Special Circumstances ### Former Employees Employers must still send W-2 forms to employees who left during the tax year. If an employee passes away, the W-2 should be sent to their estate or surviving spouse. ### Extensions In rare circumstances, employers can request an extension by submitting [Form 8809](https://www.irs.gov/forms-pubs/about-form-8809) to the IRS. Extensions are typically only granted for: - Natural disasters - Death or serious illness of the person responsible for filing - Fire, casualty, or natural disaster affecting business records ## Employee Responsibilities If an employee hasn't received their W-2 form by mid-February, they should: 1. Contact their employer to verify their mailing address or email 2. Reach out to the IRS for assistance if the employer doesn't respond ## Best Practices To ensure timely compliance: * Maintain accurate employee records throughout the year * Verify employee information in December * Schedule W-2 preparation for early January * Keep proof of timely distribution * Use certified mail for important documentation For more detailed information, employers and employees can refer to the [IRS guidelines on W-2 forms](https://www.irs.gov/forms-pubs/about-form-w-2) and the [IRS Employer's Tax Guide](https://www.irs.gov/publications/p15).

When Employers Must Send Out W-2 Forms to Employees

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