Legal name change - W2 incorrect

[shancyan]

My adult child received a legal name change in 2022 and updated their birth certificate, state ID and also social security card.  Their employer processed the 2022 W2 with the previous name rather than the updated name. 

Can taxes be filed with the incorrect W2 if the names don't match?  (The last name did not change, only first and middle.)

Is it a requirement that the employer provide a corrected W2?

[PattiF · Accepted solution]

The taxes can be filed with the Social Security Number and the updated name. Since the name change has been registered with Social Security, the IRS has been informed of the change and will accept the return.

If your employer doesn't send you the corrected W-2:

Call the IRS 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. The letter advises your employer of their responsibilities to provide a correct Form W-2 and of the penalties for failure to do so.

[shancyan]

Thank you for the reply, that is helpful.