What do I do if my employer did not give me a w2?
Sarah Duran
Published Feb 14, 2026
If you haven’t received yours by mid-February, here’s what you should do:
- Contact your employer. You should first ask your employer to give you a copy of your W-2.
- Contact the IRS. If you exhaust your options with your employer and you have not received your W-2, call the IRS at 800-829-1040.
- File on time.
Can employer get in trouble for not sending W2?
**Penalties: According to LegalZoom, the IRS can assign a penalty of $30 per W-2 if the company is no more than 30 days late, with the maximum fine totaling $250,000. However, if the employer is more than 30 days late, the IRS can charge $100 per W-2 with the maximum being $1.5 million.
How does an employer report your income to the IRS?
Depending on what type of employee you are, your employer reports your income to the IRS and sends the same information to you in the form of a W-2 or 1099 tax form. As a way to offset your yearly tax obligation, you can set up tax withholding from your salary based on your intended filing status and number of dependents.
What happens if your employer misreports your income to the IRS?
This inaccuracy can result in you paying too much income tax to the government or, even worse, paying too little and being fined for underpayment by the IRS. If your employer sends you a W2 or 1099 that you believe in inaccurate, getting the matter resolved quickly is critically important to avoiding tax problems with the IRS later.
What are the penalties for not reporting your income to the IRS?
Understanding Tax Fraud Not reporting your income could result in the IRS tacking on a fraud penalty. The fraud penalty is 15 percent for each part of a month that your tax was late due to fraud, with a maximum of 75 percent. There is a second fraud penalty of 75 percent for substantially underpaying your tax due to fraud.
What happens if your employer does not file your tax return?
If your employer doesn’t do its duty, it is violating tax law. However, its crimes do not take away your tax obligations. You still must file your income tax return in accordance with the tax laws. You also still responsible for your share of the FICA tax.