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Ed Johnson
Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience:  GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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What if my employer doesnt give me my W-2 form ...

Customer Question

What if my employer doesn't give me my W-2 form by January 31? Are there penalties?
Submitted: 10 years ago.
Category: Tax
Expert:  Ed Johnson replied 10 years ago.


Your emloyer has until January 31, to mail it to you, not get it to you.

The IRS advises that if you have not received it by February 15th, and you have verified with the employer that they have your correct address, that you should contact the IRS.

The IRS will then contact the employer and assist in getting a copy of the W-2. The IRS may adivce you to file using an subsitute form.

The employer may be fined. I believe it is a 75.00 fine, but I am not sure of the exact amount. IN most cases, however, a fine is not incurred as long as they respond to the IRS inquiry.

Regardless, you have an obligation to file by the filing deadline (April 17th) in your case.