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What is the law on employers mailing out a W-2 form late?

I work on an occasional basis for the county vlerks office as an election supervisor. Because I am paid for it, I receive a W-2.  I received a letter from the county clerk today that due to the county having switched over to a new payroll system, the W-2 forms had not been mailed out yet. What is the law or law number that states a W-2 must be mailed out by January 31? I am attending a commission meeting and would like to have the exact and correct info with me as the county clerk is asking anyone who would like to attend and comment on this issue is welcome to.

5 Answers

  • 2 months ago

    An election supervisor works for the Board of Elections, not the county clerk. Even if payroll is funneled through the county clerk, instead of the County Treasurer's office, your initial claim is FALSE.

  • 2 months ago

    The law is that they are supposed to be mailed by 1/31.  That said, they have a legit reason, they aren't going to get penalized and you need to be patient.

  • 2 months ago

    Title 26 of the of the Code of Federal Regulations (CFR) is the Internal Revenue Code.

    26 CFR § 31.6051-1  Statements for Employees

    (d) Time for furnishing statements - (1)(i) In general. Each statement required by this section for a calendar year and each corrected statement required for the year shall be furnished to the employee on or before January 31 of the year succeeding such calendar year.

  • 2 months ago

    You may want to look at IRS Form 4852 which is a substitute for Form W-2 that taxpayers can complete if they haven't received a W-2.

  • 2 months ago

    "If you still don’t get your W-2, go ahead and contact the IRS to tell them your employer didn't send it. You may call the IRS toll free at 800-829-1040. The IRS will send your employer a letter requesting that they furnish you a corrected Form W-2 within ten days."

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