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Missing or Incorrect W-2 Laws

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What If a W-2 Is Missing or Incorrect?

Employers are obligated to send correct W-2s that summarizes the wages each employee has earned for the year. However, that employee must still file a tax return by the due date, even if they do not receive a W-2. Taxes are usually due by April 15, unless an extension is filed.

What If I Have Not Received My W-2?

If someone does not receive a W-2, they should contact their employer immediately and request that a new W-2 be sent. Generally, the employer must provide a W-2 before January 31, or 30 days after the employee leaves their employment.

Someone should also contact their employer immediately if they receive an incorrect W-2.

What Happens If an Employer Refuses to Correct or Mail You a New W-2?

If a request for a new W-2, and an employer refuses to take action, then the employee would need to file a complaint to the IRS. Additional forms would be sent, which would need to filled out in order to provide proper W-2 information. Retaining records of ones wage is the best way to substantiate wage and tax withholding information.

What Happens If a New W-2 Arrives after a Return Is Filed?

If you receive a new W-2 and the amounts on it do not match the ones in the return that was filed, then an amended return will need to be filed.

Do I Need an Attorney?

Tax laws are complex and constantly changing. Although there are various tax preparation services on the market, they cannot provide the same level of service that an experienced and knowledgeable tax attorney can. If you are unsure about how to obtain your W-2 or you need someone to represent you before the IRS, a tax lawyer can help you. 

Photo of page author Matthew Izzi

, LegalMatch Legal Writer and Attorney at Law

Last Modified: 06-02-2015 01:53 PM PDT

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