How long does does an employer have to provide me with a W2C and can I file before I receive it?

[MarkFel]

My original W2 had an error in Box 12-W that showed me as overcontributing to my HSA. I am in the process of getting this resolved with my employer but they are telling me that it will take 12 - 18 weeks to receive my W2C.

That seems like a really long time, is that normal, or even allowed?

They are offering to calculate and provide me the correct numbers. Am I allowed to file with the correct numbers before I receive my W2C?

Thanks!

[JotikaT2 · Accepted solution]

I would recommend waiting until you receive your W-2C form, otherwise you may need to file an amended return. 

Using the numbers provided by your employer before you receive your Form W-2C may result in delays in processing your tax return as the IRS will not have information on file to match the amounts reported on your income tax return.  They would have the items reported on your original W-2 Form.

Any discrepancies could result in you needing to file an amended return in the future.

Typically, employers would want to correct the W-2 forms as soon as possible to avoid any penalties. 

You can use the link below to contact the IRS if you do not receive your corrected W-2 Form by the end of February.  The IRS will contact the employer to request the corrected form.

Requesting a copy of your W-2 form

[MarkFel]

Thanks. So what I'm taking away is that I should wait for my W2C and that it is NOT normal for my employer to tell me I will have to wait 12 - 18 weeks for my corrected W2.

Are there some regulations that dictate when an employers is required to give me my corrected W2C by?

[ToddL99 · Accepted solution]

Employers are required to correct errors on Forms W-2 as "quickly as possible" - that gives them a lot of latitude in issuing the corrected form W-2.

 "12-18" weeks  sounds a bit excessive, however, in the current Covid 19 environment employers are encountering all manner of delays in responding to requests from customer and employees. 

The penalty for filing an incorrect W-2 with the Social Security Administration increases over time. To avoid penalties, a Form W-2c is generally required within 30 days of becoming aware of an error. As the "customer", however, there is very little you can do to influence the process.