What W-2 penalties can employers face?
Sending a W-2 too late
If W-2s are not sent by the January 31 deadline, and there is no approved extension, employers will receive penalties based on when the forms eventually do go out and the size of the organization. Businesses that gross $5 million or less in the last three tax years are considered small, while those that gross more are considered large. The IRS reserves the right to increase these penalties each year.
|
How late |
Penalty per form |
Maximum penalty per year
small businesses |
Maximum penalty per year
large businesses |
|
Between 1 - 30 days |
$60 |
$232,500 |
$664,500 |
|
Over 30 days, but before August 1 |
$130 |
$664,500 |
$1,993,500 |
|
On or after August 1 |
$330 |
$1,329,000 |
$3,987,000 |
Note: If you don't send your employees their W-2 forms at all, you'll get hit with the same penalty as if you sent them on or after August 1.
Sending a W-2 with errors
Penalties due to incorrect amounts or errors vary by the severity and cause of the error, as well as when an updated version is submitted to the SSA.
For example, if an amount is off by less than $100 or none of the withheld taxes are off by more than $25, employers won't receive any penalties and no corrected W-2s need to be created. If, however, the error exceeds these amounts, employers need to submit Forms W-2C, Corrected Wage and Tax Statement before August 1 with a valid explanation for the error or severe penalties can follow.
Employers should also be ready to provide a Form W-2c to any employee who requests it, as incorrect forms can cause issues for the employee's tax returns, too.
Read more: 5 common payroll errors and how to avoid them
Frequently asked W-2 questions for employers