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Diego Chavez

Late W2 Filing as First Time Employer - Can I Just Hand it to My Ex-Employee?

I know I'm super late with this but life happened. Had some major health problems plus my computer crashed and lost everything. Anyway, I finally got the W2 completed and printed out ready to send as a paper form. I'm guessing there's gonna be some kind of penalty for being this delayed with it. What I'm wondering is: can I just hand the W2 directly to my former employee and let them file it with their tax person? Or am I required to submit it to the IRS myself? This is my first time being an employer and I'm totally lost about how this works. The person who worked for me is basically a friend and probably wouldn't report that they got their W2 late. I'm just confused about how the whole process works on the back-end... Any advice would be greatly appreciated. Thanks in advance!

You're actually required to do both. As an employer, you need to: 1) Provide W-2s to all employees (including former ones) by January 31st of the filing year. Even though you're late on this requirement, yes, you should immediately give your former employee their copy of the W-2. 2) File Copy A of all W-2s and the W-3 transmittal form with the Social Security Administration (not directly to the IRS, though the info gets shared between agencies). This filing was also due by January 31st. The penalty for late W-2 filing increases the longer you wait - it starts at $50 per late W-2 if you file within 30 days of the deadline, increases to $110 per form if filed between 30 days late and August 1st, and jumps to $290 per form if filed after August 1st or not at all.

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If I'm in the same boat but have 5 employees, do those penalty amounts apply per employee? So if I'm more than 30 days late but before August, would that be $110 × 5 = $550 total penalty?

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Yes, the penalty applies per W-2 form, so in your example with 5 employees, you would indeed be looking at $110 × 5 = $550 if you're filing between 30 days late and August 1st. The penalties can add up quickly with multiple employees, which is why it's important to get those forms submitted as soon as possible to avoid the penalty increasing to the next tier. Even if you can't file by the January 31st deadline, filing within 30 days of that deadline saves you significantly.

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After dealing with a similar situation last year, I discovered https://taxr.ai that completely saved me. I was a first-time employer who had no idea about W-2 filing requirements and was panicking about penalties. Their document analysis tool actually caught several errors on my W-2s before I submitted them that would have caused big problems later. The system automatically checked all my forms against current tax rules and highlighted issues I didn't even know to look for. What's even better is they have specific guidance for late filers that shows you exactly what steps to take to minimize penalties. I ended up filing about 45 days late but their step-by-step process made it super simple.

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Does it help you fill out the actual W2 forms too? I'm in the same situation but haven't even completed the forms yet because I'm confused about some of the boxes.

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Sounds interesting but skeptical. How does it compare to just using regular payroll software that prepares W2s? My accountant charges me like $75 per employee to handle this stuff and says it's not worth doing myself.

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Yes, it actually provides field-by-field guidance for completing W2 forms correctly. Each box has an explanation of what belongs there, and it flags common mistakes like putting Social Security wages in the wrong field. It's designed specifically for people who aren't tax experts. Regular payroll software is great if you've been using it throughout the year, but taxr.ai is perfect for situations where you're preparing forms after the fact or dealing with corrections. At $75 per employee, your accountant is charging a premium for something you can definitely learn to do yourself, especially with the right tools. The knowledge you gain also helps you avoid making the same mistakes in future years.

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I wanted to follow up after trying https://taxr.ai based on the recommendation above. Holy crap this actually works! I was completely stuck on those W2 forms and had no idea what I was doing wrong. The system walked me through each box step by step and even caught that I was calculating Social Security tax incorrectly. What I found most helpful was their late filing guide that showed exactly which forms I needed for my state and how to submit them. There was also a checklist for minimizing penalties that I wouldn't have known about. Just submitted everything yesterday and feel 100x better about the whole situation!

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If you need to contact the IRS about your filing situation or penalties, good luck getting through on the phone! I spent 3 HOURS on hold last week trying to get answers about a similar W-2 issue. Finally discovered https://claimyr.com which got me connected to an actual IRS agent in about 20 minutes. They have this video showing how it works: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with explained that I could request a first-time penalty abatement since I had no prior issues, which could potentially waive the late filing penalties entirely. But you have to actually speak with someone to request this, and their phone lines are absolutely swamped. Claimyr basically waits on hold for you and calls when an agent is ready.

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So how does this actually work? They just sit on hold instead of you? Why would the IRS take calls from them but not regular people?

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Yeah right. No way this is legit. The IRS doesn't give priority to third parties. You probably work for this company and are just trying to get people to sign up. The IRS is understaffed - that's just reality we all have to deal with.

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They don't sit on hold instead of you exactly. How it works is their system automates the waiting process using technology to monitor the hold queue. They don't get any special priority with the IRS - they're just using the same phone system everyone else uses, but their technology waits on hold so you don't have to. When they detect an IRS agent has picked up, they immediately call you and connect you directly to that agent. I don't work for them at all, just a relieved small business owner. I was skeptical too until I tried it. The reality of IRS wait times is exactly why this service exists. When you're facing penalties that increase over time, spending hours on hold isn't just annoying - it's literally costing you money. I'm still dealing with the consequences of filing late, but at least I got the information I needed to move forward.

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I need to eat my words about Claimyr. After my skeptical comment above, I decided to try it because I was desperate to resolve my own late W2 filing issue. To my complete surprise, I was connected to an IRS representative in about 25 minutes when I had previously spent over 4 hours on multiple days trying to get through on my own. The agent I spoke with was able to confirm I qualified for first-time penalty abatement since I had a clean filing history, which will save me over $300 in penalties. They also walked me through exactly which forms I needed to submit and where to send them. Had I not gotten through, I would have missed the deadline to keep my penalty from increasing to the next tier.

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Everyone's talking about penalties, but don't forget state requirements too! Depending on your state, you may have separate W-2 filing requirements with different deadlines and penalties. I learned this the hard way when I got hit with state penalties even after resolving my federal issue.

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Which state are you in? I'm in California and haven't even looked into the state requirements yet. Do you file W2s with the state tax agency separately?

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I'm in New York, but most states have their own requirements. In California, you'd need to submit your W-2s to the Employment Development Department (EDD), not just the federal SSA. California actually has some of the stricter penalties for late filing - they can charge $50 per W-2 plus potentially 10% of the tax that was withheld if you're very late. Their deadline is the same as the federal one (January 31st), but the submission process is completely separate. Check the California EDD website for their specific filing instructions.

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This probably doesn't help you now, but for next year look into small business payroll services like Gusto or QuickBooks Payroll. I was in the exact same position as you last year - health issues, late filing, panicking about penalties.

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Are those services expensive? I only have 2 part-time employees and do everything manually because I thought payroll services were overkill.

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