Is my employer required to mail W-2?
In the United States, the Internal Revenue Service (IRS) mandates that employers must provide employees with a W-2 form at the end of each tax year. This form details the employee’s earnings, tax withholdings, and other important information necessary for filing taxes. However, the question of whether an employer is required to mail the W-2 form is a common one, and the answer depends on various factors.
Understanding the Requirement
Under federal law, employers are required to mail W-2 forms to employees by January 31st of the following year. This means that if an employee worked for an employer in 2022, the employer must mail the W-2 form by January 31, 2023. The W-2 form must be sent to the employee’s last known address as of January 1st of the previous year.
Electronic Delivery
While the traditional method of mailing W-2 forms is still common, employers can also choose to provide the form electronically. This is known as an electronic W-2 (e-W2). Employees who consent to receive their W-2 forms electronically can access the form through their employer’s secure portal or by using a third-party service.
Exceptions and Alternatives
There are certain exceptions to the requirement of mailing W-2 forms. For instance, if an employee has requested a copy of their W-2 form, the employer is not required to mail a separate copy. Additionally, if an employer has less than 10 employees, they may be exempt from the requirement of mailing W-2 forms.
In such cases, employers can provide W-2 forms to employees on request or make them available online. However, it is important to note that the IRS still requires employers to file a W-2 transmittal form (Form W-3) with the IRS by February 28th, even if they are not mailing W-2 forms to their employees.
Consequences of Non-compliance
If an employer fails to comply with the W-2 mailing requirement, they may face penalties from the IRS. These penalties can be quite substantial, especially if the employer is found to have willfully failed to provide the forms. Employers should take the W-2 mailing requirement seriously and ensure that they are in compliance with the IRS regulations.
Conclusion
In conclusion, employers are required to mail W-2 forms to their employees by January 31st of the following year. However, there are exceptions and alternatives available, such as electronic delivery and providing forms on request. Employers should be aware of their obligations under the IRS regulations and take the necessary steps to ensure compliance to avoid potential penalties.
