Department of the Treasury Internal Revenue Service PRSRT STD Ogden, UT 84201 Postage and Fees Paid Official Business Internal Revenue Service Penalty for Private Use, $300 Permit No. G-48 Department of the Treasury Internal Revenue Service 2009 Federal Employment Tax Forms Publication 393 ● W-2 Federal Employment Tax Forms ● W-3 Reminders ● Show the correct social security numbers of all employees on Forms W-2 and be sure all copies are legible. If any employees’ How to get forms and publications. To get forms and names changed during the year, encourage the employees to publications, see Quick and Easy Access to IRS Tax Help and Tax contact their local Social Security Administration (SSA) office and Products on page 2. To place an order for 2009 and 2010 request a corrected social security card. employer-related forms and publications online for delivery by mail, access www.irs.gov/businesses and click on “Online Ordering Having employees secure a corrected social security card will for Information Returns and Employer Returns.” allow the SSA to process the information correctly and properly credit employees’ social security earnings. It will also help the Social security wage base for 2009. Do not withhold social employees report their wages on their income tax returns. security tax after an employee reaches $106,800 in social security wages for 2009. (There is no limit on the amount of wages ● Furnish Copies B, C, and 2of Form W-2 to your employees by subject to Medicare tax.) February 1, 2010. What forms and publications will IRS send automatically? IRS will ● Prepare and file Forms W-2 either alphabetically by employees’ send you either Pub. 15 (Circular E) or Pub. 51 (Circular A) in last names or numerically by employees’ social security numbers. December. These publications explain your tax responsibilities as an ● Use Form W-3 to send Copy Aof allForms W-2 to the SSA by employer and will provide federal income tax withholding and advance March 1, 2010. Be sure to fill in your name, address, and correct EIN. earned income credit payment tables for 2010. You will also receive Electronic filing option for small businesses. Small submitters may employment tax returns for each quarterly or annual return period be able to file Forms W-2 electronically. Electronic filing is free, fast, unless you filed electronically or used a paid preparer: and secure with a later filing deadline (March 31, 2010, versus March ● Form 940, Employer’s Annual Federal Unemployment (FUTA) Tax 1, 2010, for other filing methods). To register for electronic filing or to Return get more information, visit www.socialsecurity.gov/employer and ● Form 941, Employer’s QUARTERLY Federal Tax Return click on “Electronically File Your W-2s.” Do not mail paper Forms W-2 or Forms W-3 to SSA if you file electronically. ● Form 943, Employer’s Annual Federal Return for Agricultural Information return questions. If you have questions about Employees information returns (Forms 1096, 1098, 1099, 1042-S, 5498, W-2, ● Form 944, Employer’s ANNUAL Federal Tax Return W-2G, and W-3), call 1-866-455-7438 (toll free) or 304-263-8700 (toll call) Monday through Friday, 8:30 a.m. to 4:30 p.m., Eastern time. ● Schedule H (Form 1040), Household Employment Taxes Recordkeeping. Keep copies of Forms W-2 and W-3 and all other How to complete Forms W-2 and W-3. When you complete and employment tax records for at least 4 years. file your 2009 Form W-2, Wage and Tax Statement(s), and 2009 Form W-3, Transmittal of Wage and Tax Statements: Publication 393 Cat. No. 11071P |
Quick and Easy Access to IRS Tax Help and Tax Products Internet Online Services & Tax Help View & Download Products Access the IRS website 24 hours a day, 7 days a week at Visit the IRS website at www.irs.gov and select Forms www.irs.gov to obtain information on: and Publications, or simply type www.irs.gov/formspubs ● Online Services — Conduct business with the IRS in your Internet search window to: electronically ● view or download current and previous year tax products ● Taxpayer Advocate Service — Helps taxpayers resolve problems with the IRS. ● order current year tax products online ● Free File and e-file — Free Federal Online Filing The Forms and Publications page provides links to access and acquire both electronic and print media. ● Where’s My Refund— Your refund status anytime from Additionally, the Search function provides basic and anywhere advanced search capabilitites for published products ● Free Tax Return Preparation— Free tax assistance and available on IRS.gov. preparation Online Ordering of Products ● Recent Tax Changes — Highlights on newly-enacted tax law To order Tax Products delivered by mail, go to ● Innocent Spouses — Tax Information for Innocent www.irs.gov/formspubs Spouses ● For current year products, select “Forms and Disaster Tax Relief — Tax relief provisions for disaster publications by U.S. mail” ● To get IRS information, forms situations ● For a tax booklet of forms and instructions, select and publications in Spanish, ● Identity Theft and Your Tax Records — Safeguard your “Tax packages” select Español in upper right identity and tax records ● For Employer Products (e.g. W-4, Pub. 15) and corner of www.irs.gov. Information Returns (e.g. W-2, W-3, 1099 series), ● Online Payment Agreement (OPA) Application — select “Employer forms and instructions” Online agreements ● For tax products on a DVD, select “Tax products on ● Applying for Offers in Compromise — Information on DVD (Pub. 1796)” See DVD below Offers in Compromise Tax Forms & Publications Tax Help & Questions Telephone 1-800-829-3676 Individuals: 1-800-829-1040 Call to order current and prior year forms, instructions, Business & Specialty Tax: 1-800-829-4933 and publications. Hearing Impaired TTY/TDD: 1-800-829-4059 You should receive your order within 10 working days. TeleTax - 24 hour tax information: 1-800-829-4477 National Taxpayer Advocate Helpline See instructions 1040, 1040A, or 1040EZ for topic 1-877-777-4778 numbers and details. Refund Hotline: 1-800-829-1954 You can pick up some of the most requested forms, Also some grocery stores, copy centers, city and county Community instructions, and publications at many IRS offices, post government offices, and credit unions have reproducible Locations offices, and libraries. tax form products available to photocopy or print from a DVD. You can receive tax products within 10 working days after Send written request to: Mail receipt of your order. Internal Revenue Service Do not send your tax return to the address 1201 N. Mitsubishi Motorway shown here. Instead, see the tax form Bloomington, IL 61705-6613 instructions. Purchase the IRS Publication 1796 (IRS Tax Products). Telephone: ● NTIS at 1-877-233-6767 DVD Internet: or ● National Technical Information Service (NTIS) at ● GPO at 1-866-512-1800 www.irs.gov/cdorders Availability: First release—early January or Final release—early March ● Government Printing Office (GPO) at http://bookstore.gpo.gov (search for Pub. 1796) Department of the Treasury Publication 2053-A (Rev. 9-2009) Internal Revenue Service Cat. No. 23267Z www.irs.gov |
DO NOT STAPLE a Control number For Official Use Only 33333 OMB No. 1545-0008 b 941 Military 943 944 1 Wages, tips, other compensation 2 Federal income tax withheld Kind Third-party Payer CT-1 emp. govt. emp. Social security wages Social security tax withheld of Hshld. Medicare sick pay 3 4 cd 5Total number of Forms W-2 Establishment number Medicare wages and tips 6 Medicare tax withheld e Employer identification number (EIN) 7 Social security tips 8 Allocated tips f Employer’s name 9 Advance EIC payments 10 Dependent care benefits 11 Nonqualified plans 12 Deferred compensation 13 For third-party sick pay use only 14 Income tax withheld by payer of third-party sick pay g Employer’s address and ZIP code h Other EIN used this year 15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax Contact person Telephone number For Official Use Only () Email address Fax number () Under penalties of perjury, I declare that I have examined this return and accompanying documents, and, to the best of my knowledge and belief, they are true, correct, and complete. Signature Title Date Department of the Treasury Form W-3 Transmittal of Wage and Tax Statements 2009 Internal Revenue Service Send this entire page with the entire Copy A page of Form(s) W-2 to the Social Security Administration. Do not send any payment (cash, checks, money orders, etc.) with Forms W-2 and W-3. Reminder ● Upload a file for employers who use payroll/tax software to print Form(s) W-2, if the vendor software creates a file that can be Separate instructions. See the 2009 Instructions for Forms W-2 uploaded to SSA. and W-3 for information on completing this form. For more information, go to www.socialsecurity.gov/employer and select “First Time Filers” or “Returning Filers” under “BEFORE YOU Purpose of Form FILE.” A Form W-3 Transmittal is completed only when paper Copy A of Form(s) W-2, Wage and Tax Statement, are being filed. Do not file When To File Form W-3 alone. Do not file Form W-3 for Form(s) W-2 that were Mail any paper Forms W-2 under cover of this Form W-3 submitted electronically to the Social Security Administration (see Transmittal by March 1, 2010. Electronic fill-in forms or uploads are below). All paper forms must comply with IRS standards and be filed through SSA’s Business Services Online (BSO) Internet site machine readable. Photocopies and hand-printed forms are not and will be on time if submitted by March 31, 2010. acceptable. Use a Form W-3 even if only one paper Form W-2 is being filed. Make sure both the Form W-3 and Form(s) W-2 show Where To File Paper Forms the correct tax year and Employer Identification Number (EIN). Make Send this entire page with the entire Copy A page of Form(s) W-2 a copy of this form and keep it with Copy D (For Employer) of to: Form(s) W-2 for your records. Social Security Administration Electronic Filing Data Operations Center The Social Security Administration strongly suggests employers Wilkes-Barre, PA 18769-0001 report Form W-3 and W-2 Copy A electronically instead of on Note. If you use “Certified Mail” to file, change the ZIP code to paper. SSA provides two e-file options: “18769-0002.” If you use an IRS-approved private delivery service, add ● Free online, fill-in Forms W-2 for employers who file 20 or fewer “ATTN: W-2 Process, 1150 E. Mountain Dr.” to the address and change Form(s) W-2. the ZIP code to “18702-7997.” See Publication 15 (Circular E), Employer’s Tax Guide, for a list of IRS-approved private delivery services. For Privacy Act and Paperwork Reduction Act Notice, see the back of Copy D of Form W-2. Cat. No. 10159Y |
Action Date Signature TLS, have you O.K. to print transmitted all R T:FP:F text files for this cycle update? Page 1 of 12 of Form W-2 (Page 2 Blank) 6 Part 6 O.K. to print The type and rule above prints on all proofs including departmental Responsible DateDate reproduction proofs. MUST be removed before printing. scan organization Revised proofs requested Separation 1: prints red Separation 2: prints black a Employee’s social security number For Official Use Only 22222 Void OMB No. 1545-0008 b Employer identification number (EIN) 1 Wages, tips, other compensation 2 Federal income tax withheld c Employer’s name, address, and ZIP code 3 Social security wages 4 Social security tax withheld 5 Medicare wages and tips 6 Medicare tax withheld 7 Social security tips 8 Allocated tips d Control number 9 Advance EIC payment 10 Dependent care benefits Suff. e Employee’s first name and initial Last name 11 Nonqualified plans 12adeoCSee instructions for box 12 13StatutoryemployeeplanRetirementsickThird-partypay ed12bCo 14 Other deo12cC deo12dC f Employee’s address and ZIP code 15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name Wage and Tax Department of the Treasury—Internal Revenue Service Form W-2 Statement 2 009 For Privacy Act and Paperwork Reduction Copy A For Social Security Administration — Send this entire page with Act Notice, see back of Copy D. Form W-3 to the Social Security Administration; photocopies are not acceptable. Cat. No. 10134D Do Not Cut, Fold, or Staple Forms on This Page — Do Not Cut, Fold, or Staple Forms on This Page |
Page 3 of 12 of Form W-2 (Page 4 is blank) 6 Part 6 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. a Employee’s social security number 22222 OMB No. 1545-0008 b Employer identification number (EIN) 1 Wages, tips, other compensation 2 Federal income tax withheld c Employer’s name, address, and ZIP code 3 Social security wages 4 Social security tax withheld 5 Medicare wages and tips 6 Medicare tax withheld 7 Social security tips 8 Allocated tips d Control number 9 Advance EIC payment 10 Dependent care benefits Suff. e Employee’s first name and initial Last name 11 Nonqualified plans 12aCoed 13StatutoryemployeeplanRetirementsickThird-partypay ed12bCo 14 Other deo12cC deo12dC f Employee’s address and ZIP code 15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name Wage and Tax Department of the Treasury—Internal Revenue Service Form W-2 Statement 2 009 Copy 1—For State, City, or Local Tax Department |
Page 5 of 12 of Form W-2 6 Part 6 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. a Employee’s social security number Safe, accurate, Visit the IRS website OMB No. 1545-0008 FAST! Use at www.irs.gov/efile. b Employer identification number (EIN) 1 Wages, tips, other compensation 2 Federal income tax withheld c Employer’s name, address, and ZIP code 3 Social security wages 4 Social security tax withheld 5 Medicare wages and tips 6 Medicare tax withheld 7 Social security tips 8 Allocated tips d Control number 9 Advance EIC payment 10 Dependent care benefits Suff. e Employee’s first name and initial Last name 11 Nonqualified plans 12adeoCSee instructions for box 12 13StatutoryemployeeplanRetirementsickThird-partypay ed12bCo 14 Other deo12cC deo12dC f Employee’s address and ZIP code 15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name Wage and Tax Department of the Treasury—Internal Revenue Service Form W-2 Statement 2 009 Copy B—To Be Filed With Employee’s FEDERAL Tax Return. This information is being furnished to the Internal Revenue Service. |
Page 6 of 12 of Form W-2 (Back of Copy B) 6 Part 6 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Notice to Employee Refund. Even if you do not have to file a tax return, you Corrections. If your name, SSN, or address is incorrect, should file to get a refund if box 2 shows federal income tax correct Copies B, C, and 2 and ask your employer to correct withheld or if you can take the earned income credit. your employment record. Be sure to ask the employer to file Earned income credit (EIC). You must file a tax return if Form W-2c, Corrected Wage and Tax Statement, with the any amount is shown in box 9. Social Security Administration (SSA) to correct any name, SSN, or money amount error reported to the SSA on Form You may be able to take the EIC for 2009 if (a) you do not W-2. If your name and SSN are correct but are not the same have a qualifying child and you earned less than $13,440 as shown on your social security card, you should ask for a ($16,560 if married filing jointly), (b) you have one qualifying new card that displays your correct name at any SSA office child and you earned less than $35,463 ($38,583 if married or by calling 1-800-772-1213. filing jointly), or (c) you have more than one qualifying child Credit for excess taxes. If you had more than one and you earned less than $40,295 ($43,415 if married filing employer in 2009 and more than $6,621.60 in social security jointly). You and any qualifying children must have valid and/or Tier I railroad retirement (RRTA) taxes were withheld, social security numbers (SSNs). You cannot take the EIC if you may be able to claim a credit for the excess against your investment income is more than $3,100. Any EIC that your federal income tax. If you had more than one railroad is more than your tax liability is refunded to you, but only employer and more than $3,088.80 in Tier II RRTA tax was if you file a tax return. If you have at least one qualifying withheld, you also may be able to claim a credit. See your child, you may get as much as $1,826 of the EIC in advance Form 1040 or Form 1040A instructions and Publication 505, by completing Form W-5, Earned Income Credit Advance Tax Withholding and Estimated Tax. Payment Certificate, and giving it to your employer. Clergy and religious workers. If you are not subject to (Also see Instructions for Employee on the back of Copy C.) social security and Medicare taxes, see Publication 517, Social Security and Other Information for Members of the Clergy and Religious Workers. |
Page 7 of 12 of Form W-2 6 Part 6 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. a Employee’s social security number This information is being furnished to the Internal Revenue Service. If you OMB No. 1545-0008 are required to file a tax return, a negligence penalty or other sanction may be imposed on you if this income is taxable and you fail to report it. b Employer identification number (EIN) 1 Wages, tips, other compensation 2 Federal income tax withheld c Employer’s name, address, and ZIP code 3 Social security wages 4 Social security tax withheld 5 Medicare wages and tips 6 Medicare tax withheld 7 Social security tips 8 Allocated tips d Control number 9 Advance EIC payment 10 Dependent care benefits Suff. e Employee’s first name and initial Last name 11 Nonqualified plans 12adeoCSee instructions for box 12 13StatutoryemployeeplanRetirementsickThird-partypay ed12bCo 14 Other deo12cC deo12dC f Employee’s address and ZIP code 15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name Wage and Tax Department of the Treasury—Internal Revenue Service Form W-2 Statement 2 009 Safe, accurate, Copy C—For EMPLOYEE’S RECORDS (See Notice to FAST! Use Employee on the back of Copy B.) |
Page 8 of 12 6 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Instructions for Employee (Also see Notice to qualify for the 15-year rule explained in Pub. 571). Deferrals under code G are limited to $16,500. Deferrals under code H Employee, on the back of Copy B.) are limited to $7,000. Box 1. Enter this amount on the wages line of your tax return. However, if you were at least age 50 in 2009, your employer Box 2. Enter this amount on the federal income tax withheld may have allowed an additional deferral of up to $5,500 ($2,500 line of your tax return. for section 401(k)(11) and 408(p) SIMPLE plans). This additional Box 8. This amount is not included in boxes 1, 3, 5, or 7. For deferral amount is not subject to the overall limit on elective information on how to report tips on your tax return, see your deferrals. For code G, the limit on elective deferrals may be Form 1040 instructions. higher for the last 3 years before you reach retirement age. Contact your plan administrator for more information. Amounts Box 9. Enter this amount on the advance earned income credit in excess of the overall elective deferral limit must be included payments line of your Form 1040 or Form 1040A. in income. See the “Wages, Salaries, Tips, etc.” line instructions Box 10. This amount is the total dependent care benefits that for Form 1040. your employer paid to you or incurred on your behalf (including Note. If a year follows code D through H, S, Y, AA, or BB, you amounts from a section 125 (cafeteria) plan). Any amount over made a make-up pension contribution for a prior year(s) when $5,000 is also included in box 1. You must complete Schedule you were in military service. To figure whether you made excess 2 (Form 1040A) or Form 2441, Child and Dependent Care deferrals, consider these amounts for the year shown, not the Expenses, to compute any taxable and nontaxable amounts. current year. If no year is shown, the contributions are for the Box 11. This amount is (a) reported in box 1 if it is a distribution current year. made to you from a nonqualified deferred compensation or A—Uncollected social security or RRTA tax on tips. Include this nongovernmental section 457(b) plan or (b) included in box 3 tax on Form 1040. See “Total Tax” in the Form 1040 and/or 5 if it is a prior year deferral under a nonqualified or instructions. section 457(b) plan that became taxable for social security and Medicare taxes this year because there is no longer a B—Uncollected Medicare tax on tips. Include this tax on Form substantial risk of forfeiture of your right to the deferred 1040. See “Total Tax” in the Form 1040 instructions. amount. C—Taxable cost of group-term life insurance over $50,000 Box 12. The following list explains the codes shown in (included in boxes 1, 3 (up to social security wage base), and 5) box 12. You may need this information to complete your tax D—Elective deferrals to a section 401(k) cash or deferred return. Elective deferrals (codes D, E, F, and S) and designated arrangement. Also includes deferrals under a SIMPLE retirement Roth contributions (codes AA and BB) under all plans are account that is part of a section 401(k) arrangement. generally limited to a total of $16,500 ($11,500 if you only have E—Elective deferrals under a section 403(b) salary reduction SIMPLE plans; $19,500 for section 403(b) plans if you agreement (continued on back of Copy 2) |
Page 9 of 12 of Form W-2 (Page 10 is blank) 6 Part 6 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. a Employee’s social security number OMB No. 1545-0008 b Employer identification number (EIN) 1 Wages, tips, other compensation 2 Federal income tax withheld c Employer’s name, address, and ZIP code 3 Social security wages 4 Social security tax withheld 5 Medicare wages and tips 6 Medicare tax withheld 7 Social security tips 8 Allocated tips d Control number 9 Advance EIC payment 10 Dependent care benefits Suff. e Employee’s first name and initial Last name 11 Nonqualified plans 12aCoed 13StatutoryemployeeplanRetirementsickThird-partypay ed12bCo 14 Other deo12cC deo12dC f Employee’s address and ZIP code 15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name Wage and Tax Department of the Treasury—Internal Revenue Service Form W-2 Statement 2 009 Copy 2—To Be Filed With Employee’s State, City, or Local Income Tax Return. |
Page 10 of 12 6 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Instructions for Employee (continued from back of S—Employee salary reduction contributions under a section 408(p) SIMPLE (not included in box 1) Copy C) T—Adoption benefits (not included in box 1). You must F—Elective deferrals under a section 408(k)(6) salary complete Form 8839, Qualified Adoption Expenses, to reduction SEP compute any taxable and nontaxable amounts. G—Elective deferrals and employer contributions (including V—Income from exercise of nonstatutory stock option(s) nonelective deferrals) to a section 457(b) deferred (included in boxes 1, 3 (up to social security wage base), compensation plan and 5) H—Elective deferrals to a section 501(c)(18)(D) tax-exempt W—Employer contributions to your Health Savings Account. organization plan. See “Adjusted Gross Income” in the Form Report on Form 8889, Health Savings Accounts (HSAs). 1040 instructions for how to deduct. Y—Deferrals under a section 409A nonqualified deferred J—Nontaxable sick pay (information only, not included in compensation plan. boxes 1, 3, or 5) Z—Income under section 409A on a nonqualified deferred K—20% excise tax on excess golden parachute payments. compensation plan. This amount is also included in box 1. It See “Total Tax” in the Form 1040 instructions. is subject to an additional 20% tax plus interest. See “Total L—Substantiated employee business expense Tax” in the Form 1040 instructions. reimbursements (nontaxable) AA—Designated Roth contributions under a section 401(k) M—Uncollected social security or RRTA tax on taxable cost plan. of group-term life insurance over $50,000 (former employees BB—Designated Roth contributions under a section 403(b) only). See “Total Tax” in the Form 1040 instructions. plan. N—Uncollected Medicare tax on taxable cost of group-term Box 13. If the “Retirement plan” box is checked, special life insurance over $50,000 (former employees only). See limits may apply to the amount of traditional IRA “Total Tax” in the Form 1040 instructions. contributions that you may deduct. P—Excludable moving expense reimbursements paid Note. Keep Copy C of Form W-2 for at least 3 years after directly to employee (not included in boxes 1, 3, or 5) the due date for filing your income tax return. However, to Q—Nontaxable combat pay. See the instructions for Form help protect your social security benefits, keep Copy C until you begin receiving social security benefits, just in case 1040 or Form 1040A for details on reporting this amount. there is a question about your work record and/or earnings R—Employer contributions to your Archer MSA. Report on in a particular year. Compare the Social Security wages and Form 8853, Archer MSAs and Long-Term Care Insurance the Medicare wages to the information shown on your Contracts. annual (for workers over 25) Social Security Statement. |
Page 11 of 12 of Form W-2 6 Part 6 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. a Employee’s social security number Void OMB No. 1545-0008 b Employer identification number (EIN) 1 Wages, tips, other compensation 2 Federal income tax withheld c Employer’s name, address, and ZIP code 3 Social security wages 4 Social security tax withheld 5 Medicare wages and tips 6 Medicare tax withheld 7 Social security tips 8 Allocated tips d Control number 9 Advance EIC payment 10 Dependent care benefits Suff. e Employee’s first name and initial Last name 11 Nonqualified plans 12adeoCSee instructions for box 12 13StatutoryemployeeplanRetirementsickThird-partypay ed12bCo 14 Other deo12cC deo12dC f Employee’s address and ZIP code 15 State Employer’s state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name Wage and Tax Department of the Treasury—Internal Revenue Service Form W-2 Statement 2 009 For Privacy Act and Paperwork Reduction Copy D—For Employer. Act Notice, see the back of Copy D. |
Page 12 of 12 of Form W-2 (Back of Copy D) 6 Part 6 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Employers, Please Note— Specific information needed to complete Form W-2 is You are not required to provide the information requested available in a separate booklet titled 2009 Instructions for on a form that is subject to the Paperwork Reduction Act Forms W-2 and W-3. You can order those instructions and unless the form displays a valid OMB control number. Books additional forms by calling 1-800-TAX-FORM or records relating to a form or its instructions must be (1-800-829-3676). You can also get forms and instructions retained as long as their contents may become material in from the IRS website at www.irs.gov. the administration of any Internal Revenue law. Caution. You cannot file Forms W-2/W-2c and W-3/W-3c Generally, tax returns and return information are that you print from the IRS website with SSA because they confidential, as required by section 6103. However, process paper forms by machine. Instead, you can use the section 6103 allows or requires the Internal Revenue SSA website at www.ssa.gov/employer/bsohbnew.htm to Service to disclose or give the information shown on your create and file electronic fill-in versions of Forms W-2/W-2c return to others as described in the Code. For example, we and W-3/W-3c. If you use SSA’s online application to create may disclose your tax information to the Department of W-2 or W-2c, the W-3 or W-3c will be automatically created. Justice for civil and/or criminal litigation, and to cities, Due dates. Furnish Copies B, C, and 2 to the employee states, the District of Columbia, and U.S. commonwealths generally by February 1, 2010. and possessions for use in administering their tax laws. We File Copy A with the SSA by March 1, 2010. Send all may also disclose this information to other countries under a Copies A with Form W-3, Transmittal of Wage and Tax tax treaty, to federal and state agencies to enforce federal Statements. If you file electronically, the due date is March nontax criminal laws, or to federal law enforcement and 31, 2010. intelligence agencies to combat terrorism. The time needed to complete and file these forms will vary Privacy Act and Paperwork Reduction Act Notice. We ask depending on individual circumstances. The estimated for the information on Forms W-2 and W-3 to carry out the average times are: Form W-2—30 minutes, and Form Internal Revenue laws of the United States. We need it to W-3—28 minutes. If you have comments concerning the figure and collect the right amount of tax. Section 6051 and accuracy of these time estimates or suggestions for making its regulations require you to furnish wage and tax these forms simpler, we would be happy to hear from you. statements to employees and to the Social Security You can write to the Internal Revenue Service, Tax Products Administration. Section 6109 requires you to provide your Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 employer identification number (EIN). If you fail to provide Constitution Ave. NW, IR-6526, Washington, DC 20224. Do this information in a timely manner, you may be subject to not send Forms W-2 and W-3 to this address. Instead, see penalties. Where to file paper forms in the Instructions for Forms W-2 and W-3. |
Department of the Treasury Internal Revenue Service 2009 Instructions for Forms W-2 and W-3 Wage and Tax Statement and Transmittal of Wage and Tax Statements Section references are to the Internal Revenue Code unless Electronic payee statements. If your employees give their otherwise noted. consent, you may be able to furnish Copies B, C, and 2 of Contents Page Forms W-2 to your employees electronically. See Pub. 15-A, What’s New .................................. 1 Employer’s Supplemental Tax Guide, for additional Reminders ................................... 1 information. Need Help? .................................. 1 Extended due date for electronic filers. If you file your How To Get Forms and Publications ............... 2 2009 Forms W-2 with the Social Security Administration Common Errors on Forms W-2 ................... 2 (SSA) electronically, the due date is extended to General Instructions for Forms W-2 and W-3 ........ 2 March 31, 2010. For information on how to file electronically, Special Reporting Situations for Form W-2 .......... 4 see Online filing of Forms W-2 and W-3 below and Penalties .................................... 8 Electronic reporting on page 3. Specific Instructions for Form W-2 ................ 9 Form 944. Use the “944” checkbox in box b of Form W-3 if Specific Instructions for Form W-3 ............... 14 you filed Form 944, Employer’s ANNUAL Federal Tax Reconciling Forms W-2, W-3, 941, 943, 944, Return. Also use the “944” checkbox if you filed Forma CT-1, and Schedule H (Form 1040) ............. 15 944(SP), the Spanish version of Form 944. Form W-2 Reference Guide for Box 12 Codes ....... 16 Nonqualified deferred compensation plans. Section Index ...................................... 16 409A, added by the American Jobs Creation Act of 2004, provides that all amounts deferred under a nonqualified deferred compensation (NQDC) plan for all taxable years What’s New are includible in gross income unless certain requirements are satisfied. See Nonqualified deferred compensation plans Military differential pay. Payments made after 2008 to on page 7. former employees while they are on active duty for more than 30 days in the Armed Forces or other uniformed Online filing of Forms W-2 and W-3. You may file Forms services are now treated as wages. Report these payments W-2 and W-3 electronically by visiting SSA’s website at in box 1 of Form W-2. www.socialsecurity.gov/employer, and selecting “Business Services Online (BSO).” Once registered, you can upload Reporting for nonqualified deferred compensation electronic wage files or use SSA’s “Create Forms W-2 plans. You are not required to complete box 12 with code Online” to send electronic information to Social Security. Y (deferrals under nonqualified plans subject to section W-2 Online allows you to create “fill-in” versions of Forms 409A). W-2 for filing with the SSA and to print out copies of the forms for filing with state or local governments, distribution Reminders to your employees, and for your records. Form W-3 will be calculated for you based on your Forms W-2. For more Distributions from governmental section 457(b) plans of information, see Online wage reporting on page 2. state and local agencies. Generally, report distributions from section 457(b) plans of state and local agencies on Substitute forms. If you are not using the official IRS form Form 1099-R, Distributions From Pensions, Annuities, to furnish Form W-2 to employees or to file with the SSA, Retirement or Profit-Sharing Plans, IRAs, Insurance you may use an acceptable substitute form that complies Contracts, etc. See Notice 2003-20 for details. You can find with the rules in Pub. 1141, General Rules and Notice 2003-20 on page 894 of Internal Revenue Bulletin Specifications for Substitute Forms W-2 and W-3. 2003-19 at www.irs.gov/pub/irs-irbs/irb03-19.pdf. Pub. 1141, which is revised annually, is a revenue procedure that explains the requirements for format and Earned income credit (EIC) notice. You must notify content of substitute Forms W-2 and W-3. Your substitute employees who have no income tax withheld that they may forms must comply with the requirements in Pub. 1141. be able to claim an income tax refund because of the EIC. You can do this by using the official IRS Form W-2 with the EIC notice on the back of Copy B or a substitute Form W-2 Need Help? with the same statement. You must give your employee Information reporting customer service site. The IRS Notice 797, Possible Federal Tax Refund Due to the Earned operates a centralized customer service site to answer Income Credit (EIC), or your own statement that contains questions about reporting on Forms W-2, W-3, 1099, and the same wording if (a) you use a substitute Form W-2 that other information returns. If you have questions about does not contain the EIC notice, (b) you are not required to reporting on these forms, call 1-866-455-7438 (toll free). If furnish Form W-2, or (c) you do not furnish a timely Form you have questions about electronic filing of Forms W-2, W-2 to your employee. For more information, see section 10 contact the SSA at 1-800-772-6270 or visit the SSA website in Pub. 15 (Circular E). at www.socialsecurity.gov/employer. Cat. 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Help for people with disabilities. Telephone help is fee) or call 1-877-233-6767 toll free to purchase the DVD for available using TTY/TDD equipment. If you have questions $30 (plus a $6 handling fee). about reporting on information returns (Forms 1096, 1098, By phone and in person. You can order forms and 1099, 3921, 3922, 5498, W-2, W-2G, and W-3) you may call publications by calling 1-800-TAX-FORM (1-800-829-3676). 304-267-3367. For any other tax information, call You can also get most forms and publications at your local 1-800-829-4059. IRS office. Online wage reporting. Using a personal computer, you can access SSA’s Business Services Online (BSO) to Common Errors on Forms W-2 electronically report wage data. To obtain information Forms W-2 provide information to your employees, the SSA, regarding filing wage data electronically with SSA or to the IRS, and state and local governments. Avoid making the access BSO, visit the SSA’s W- 2 Filing Instructions and following errors, which cause processing delays. Information website at www.socialsecurity.gov/employer. Corrections to previously filed wage data can be made by Do not: accessing BSO. Call the SSA at 1-888-772-2970 if you Omit the decimal point and cents from entries. experience problems using any of the services within BSO. • Use ink that is too light to make entries. Use only black • The website includes information on electronic filing, ink. some IRS and SSA publications, and general topics of • Make entries that are too small or too large. Use 12-point interest about annual wage reporting. You can also use Courier font, if possible. BSO to ask questions about wage reporting. • Add dollar signs to the money-amount boxes. They have Employers can also electronically file EFW2 (formerly been removed from Copy A and are not required. MMREF-1) wage reports. See Electronic reporting on • Inappropriately check the “Retirement plan” checkbox in page 3. box 13. See Retirement plan on page 13. Employment tax information. Detailed employment tax • Misformat the employee’s name in box e. Enter the information is given in: employee’s first name and middle initial in the first box, his Pub. 15 (Circular E), Employer’s Tax Guide, or her surname in the second box, and his or her suffix • Pub. 15-A, Employer’s Supplemental Tax Guide, (optional) in the third box. • • Pub. 15-B, Employer’s Tax Guide to Fringe Benefits, and • Pub. 51 (Circular A), Agricultural Employer’s Tax Guide. General Instructions for Forms You can also call the IRS with your employment tax questions at 1-800-829-4933 or visit the IRS website at W-2 and W-3 www.irs.gov and type “Employment Taxes” in the Keyword/ Who must file Form W-2. Employers must file Form W-2 Search Terms box. for wages paid to each employee from whom: • Income, social security, or Medicare tax was withheld or How To Get Forms and Publications • Income tax would have been withheld if the employee had claimed no more than one withholding allowance or had not Internet. You can access the IRS website 24 hours a day, claimed exemption from withholding on Form W-4, 7 days a week at www.irs.gov to: Employee’s Withholding Allowance Certificate. • Download forms, instructions, and publications. Order IRS products online. Also, every employer engaged in a trade or business who • See answers to frequently asked tax questions. pays remuneration for services performed by an employee, • Search publications online by topic or keyword. including noncash payments, must file a Form W-2 for each • Send us comments or request help by email. employee even if the employee is related to the employer. • • Sign up to receive local and national tax news by email. If you are required to file 250 or more Forms W-2, see Electronic reporting on page 3. Do not file Copy A of Forms W-2, W-3, W-2c, and ! W-3c downloaded from the IRS website with the Who must file Form W-3. Anyone required to file Form CAUTION SSA. They are provided for informational purposes W-2 must file Form W-3 to transmit Copy A of Forms W-2. only. A penalty of $50 per information return may be Make a copy of Form W-3; keep it and Copy D (For imposed for filing such forms that cannot be scanned. Employer) of Forms W-2 with your records for 4 years. Be sure to use Form W-3 for the correct year. If you are filing DVD for Tax Products. You can order Publication Forms W-2 electronically, see Electronic reporting on 1796, IRS Tax Products DVD, and obtain: page 3. Household employers. Even employers with only one • Current-year forms, instructions, and publications. household employee must file Form W-3 if filing a paper • Prior-year forms, instructions, and publications. Form W-2. On Form W-3 check the “Hshld. emp.” checkbox • Tax Map: an electronic research tool and finding aid. in box b. For more information, see Schedule H (Form • Tax law frequently asked questions. 1040), Household Employment Taxes, and its separate • Tax Topics from the IRS telephone response system. instructions. You must have an EIN. See Box b—Employer • Internal Revenue Code—Title 26 identification number (EIN) on page 9. • Fill-in, print, and save features for most tax forms. • Internal Revenue Bulletins. Who may sign Form W-3. A transmitter or sender • Toll-free and email technical support. (including a service bureau, reporting agent, paying agent, • The DVD is released twice during the year. or disbursing agent) may sign Form W-3 (or use its PIN on electronic filings) for the employer or payer only if the –The first release will ship the beginning of January sender: 2009. • Is authorized to sign by an agency agreement (either oral, –The final release will ship the beginning of March 2009. written, or implied) that is valid under state law and • Writes “For (name of payer)” next to the signature (paper Form W-3 only). Purchase the DVD from National Technical Information If an authorized sender signs for the payer, the payer is Service (NTIS) at www.irs.gov/cdorders for $30 (no handling still responsible for filing, when due, a correct and complete -2- |
Form W-3 and related Forms W-2, and is subject to any You are encouraged to file electronically even if penalties that result from not complying with these TIP you are filing fewer than 250 Forms W-2. Small requirements. Be sure that the payer’s name and employer submitters may be able to file Forms W-2 online. For identification number (EIN) on Forms W-2 and W-3 are the more information, visit SSA’s Business Services Online same as those used on the Form 941, Employer’s website at www.socialsecurity.gov/bso/bsowelcome.htm and QUARTERLY Federal Tax Return; Form 943, Employer’s select “Tutorial.” Annual Federal Tax Return for Agricultural Employees; You may request a waiver on Form 8508, Request Form 944, Employer’s ANNUAL Federal Tax Return; Form for Waiver From Filing Information Returns Electronically. CT-1, Employer’s Annual Railroad Retirement Tax Return; Submit Form 8508 to the IRS at least 45 days before the or Schedule H (Form 1040) filed by or for the payer. due date of Form W-2. See Form 8508 for filing information. When to file. File Copy A of Form W-2 with the entire If you file electronically, do not file the same returns page of Form W-3 by March 1, 2010. However, if you file ! on paper. electronically, the due date is March 31, 2010. You may owe CAUTION a penalty for each Form W-2 that you file late. See Penalties on page 8. If you terminate your business, see Terminating Electronic reporting specifications for Form W-2 are in the a business on page 7. SSA’s EFW2 (formerly MMREF-1), a publication that can be downloaded by accessing SSA’s W-2 Filing Instructions and Extension to file. You may request an automatic Information website at www.socialsecurity.gov/employer and extension of time to file Form W-2 with the SSA by sending selecting “E-Filing Format (formerly MMREF).” You can also Form 8809, Application for Extension of Time To File get electronic specifications by calling SSA’s Employer Information Returns, to the address shown on Form 8809. Reporting Branch at 1-800-772-6270. You must request the extension before the due date of Forms W-2. You will have an additional 30 days to file. See Reporting instructions for electronic filing differ in a few Form 8809 for details. situations from paper reporting instructions. For example, electronic filers may enter more than four items in box 12 in Even if you request an extension to file Form W-2, one individual’s wage report, but paper filers are limited to ! you must still furnish Form W-2 to your employees four entries in box 12 on Copy A of each Form W-2. See TIP CAUTION by February 1, 2010. But see Extension to furnish On Copy A (Form W-2), do not enter more than four Forms W-2 to employees below. items in box 12 on page 11. Furnishing Copies B, C, and 2 to employees. Furnish Where to file paper forms. File the entire Copy A page of Copies B, C, and 2 of Form W-2 to your employees, Form W-2 with the entire page of Form W-3 at the following generally, by February 1, 2010. You will meet the “furnish” address: requirement if the form is properly addressed and mailed on or before the due date. Social Security Administration If employment ends before December 31, 2009, you may Data Operations Center furnish copies to the employee at any time after employment Wilkes-Barre, PA 18769-0001 ends, but no later than February 1, 2010. If an employee asks for Form W-2, give him or her the completed copies If you use “Certified Mail” to file, change the ZIP within 30 days of the request or within 30 days of the final TIP code to “18769-0002.” If you use an IRS-approved wage payment, whichever is later. However, if you terminate private delivery service, add “ATTN: W-2 Process, your business, see Terminating a business on page 7. 1150 E. Mountain Dr.” to the address and change the ZIP code to “18702-7997.” See Pub. 15 (Circular E) for a list of You may furnish Forms W-2 to employees on IRS official IRS-approved private delivery services. forms or on acceptable substitute forms. See Substitute forms on page 1. Be sure the Forms W-2 you provide to Do not send cash, checks, money orders, etc., with employees are clear and legible and comply with the ! the Forms W-2 and W-3 that you submit to the SSA. requirements in Pub. 1141. CAUTION Employment tax forms (for example, Form 941 or Extension to furnish Forms W-2 to employees. You Form 943), remittances, and Forms 1099 must be sent to may request an extension of time to furnish Forms W-2 to the IRS. employees by sending a letter to: Send Copy 1 of Form W-2 to your state, city, or local tax department. For more information concerning Copy 1 IRS–Enterprise Computing Center–Martinsburg (including how to complete boxes 15 through 20), contact Information Reporting Program your state, city, or local tax department. Attn: Extension of Time Coordinator Shipping and mailing. If you file more than one type of 240 Murall Drive employment tax form, group Forms W-2 of the same type Kearneysville, WV 25430 with a separate Form W-3 for each type, and send them in Mail your letter on or before the due date for furnishing separate groups. See the specific instructions for box b of Forms W-2 to employees. It must include: Form W-3 on page 14. • Your name and address, • Your employer identification number (EIN), Prepare and file Forms W-2 either alphabetically by • A statement that you are requesting an extension to employees’ last names or numerically by employees’ social furnish “Forms W-2” to employees, security numbers. Do not staple or tape Form W-3 to the • Reason for delay, and related forms W-2 or Forms W-2 to each other. These forms • Your signature or that of your authorized agent. are machine read. Staple holes or tears interfere with Undeliverable Forms W-2. Keep for 4 years any machine reading. Also, do not fold Forms W-2 and W-3. employee copies of Forms W-2 that you tried to but could Send the forms to the SSA in a flat mailing. not deliver. However, if the undelivered W-2 can be Electronic reporting. If you are required to file 250 or produced electronically through April 15th of the fourth year more Forms W-2, you must file them electronically unless after the year of issue, you do not need to keep the IRS granted you a waiver. You may be charged a undeliverable employee copies. Do not send undeliverable penalty if you fail to file electronically when required. Forms W-2 to SSA. -3- |
Taxpayer identification numbers (TINs). Employers use employer, the employee should claim a refund on Form 843, an employer identification number (EIN) (00-0000000). Claim for Refund and Request for Abatement. Employees use a social security number (SSN) Archer MSA. An employer’s contribution to an employee’s (000-00-0000). When you list a number, separate the nine Archer MSA is not subject to federal income tax withholding, digits properly to show the kind of number. Do not accept an or social security, Medicare, or railroad retirement taxes if it individual taxpayer identification number (ITIN) for is reasonable to believe at the time of the payment that the employment purposes. For more information, see section 4 contribution will be excludable from the employee’s income. of Pub. 15 (Circular E). However, if it is not reasonable to believe at the time of The IRS uses SSNs to check the payments that you payment that the contribution will be excludable from the report against the amounts shown on the employees’ tax employee’s income, employer contributions are subject to returns. The SSA uses SSNs to record employees’ earnings income tax withholding and social security and Medicare for future social security and Medicare benefits. When you taxes (or railroad retirement taxes, if applicable) and must prepare Form W-2, be sure to show the correct SSN for be reported in boxes 1, 3, and 5. each employee. For information on verification of SSNs, see You must report all employer contributions to an Archer section 4 of Pub. 15 (Circular E) or go to www. MSA in box 12 of Form W-2 with code R. Employer socialsecurity.gov/employer/ssnv.htm. contributions to an Archer MSA that are not excludable from the income of the employee also must be reported in box 1. Special Reporting Situations for An employee’s contributions to an Archer MSA are Form W-2 includible in income as wages and are subject to federal Adoption benefits. Amounts paid or expenses incurred by income tax withholding and social security and Medicare an employer for qualified adoption expenses under an taxes (or railroad retirement taxes, if applicable). Employee adoption assistance program are not subject to federal contributions are deductible, within limits, on the employee’s income tax withholding and are not reportable in box 1. Form 1040. However, these amounts (including adoption benefits paid See Notice 96-53, 1996-2 C.B. 219 and Pub. 969, Health from a section 125 (cafeteria) plan, but not including Savings Accounts and Other Tax-Favored Health Plans, for adoption benefits forfeited from a cafeteria plan) are subject more information. You can find Notice 96-53 on page 5 of to social security, Medicare, and railroad retirement taxes Internal Revenue Bulletin 1996-51 at www.irs.gov/pub/ and must be reported in boxes 3 and 5. Also, the total irs-irbs/irb96-51.pdf. amount must be reported in box 12 with code T. Clergy and religious workers. For certain members of See Notice 97-9, 1997-1 C.B. 365, for more information the clergy and religious workers who are not subject to on adoption benefits. You can find Notice 97-9 on page 35 social security and Medicare taxes as employees, boxes 3 of Internal Revenue Bulletin 1997-2 at and 5 of Form W-2 should be left blank. You may include a www.irs.gov/pub/irs-irbs/irb97-02.pdf. Advise your minister’s parsonage and/or utilities allowance in box 14. For employees to see the Instructions for Form 8839, Qualified information on the rules that apply to ministers and certain Adoption Expenses. other religious workers, see Pub. 517, Social Security and Agent reporting. Generally, an agent who has an Other Information for Members of the Clergy and Religious approved Form 2678, Employer/Payer Appointment of Workers, and Section 4–Religious Exemptions in Agent, should enter the agent’s name as the employer in Pub. 15-A. box c of Form W-2, and file only one Form W-2 for each Corrections. Use the current version of Form W-2c, employee. However, if the agent (a) is acting as an agent for Corrected Wage and Tax Statement, to correct errors (such two or more employers or is an employer and is acting as an as incorrect name, SSN, or amount) on a previously filed agent for another employer, and (b) pays social security Form W-2. To file your corrections electronically, see Online wages for more than one employer in excess of the wage wage reporting on page 2. base to an individual, the agent must file separate Forms If the SSA issues your employee a replacement card W-2 for the affected employee reflecting the wages paid by after a name change, or a new card with a different social each employer. On each Form W-2, the agent should enter security number after a change in alien work status, file a the following in box c of Form W-2: Form W-2c to correct the name/SSN reported on the most (Name of agent) recently filed Form W-2. It is not necessary to correct the Agent for (name of employer) prior years if the previous name and number were used for Address of agent the years prior to the most recently filed Form W-2. File Form W-3c, Transmittal of Corrected Wage and Tax Each Form W-2 should reflect the EIN of the agent in box Statements, whenever you file a Form W-2c with the SSA, b. An agent files one Form W-3 for all of the Forms W-2 and even if you are only filing a Form W-2c to correct an enters its own information in boxes e, f, and g of Form W-3 employee’s name or SSN. However, see Incorrect address as it appears on the agent’s related employment tax returns on employee’s Form W-2 on page 5 for information on (for example, Form 941). Enter the client-employer’s EIN in correcting an employee’s address. See the Instructions for box h of Form W-3 if the Forms W-2 relate to only one Forms W-2c and W-3c if an error was made on a previously employer (other than the agent); if not, leave box h blank. filed Form W-3. See Rev. Proc. 70-6, 1970-1 C.B. 420, for procedures to be followed in applying to be an agent. If you discover an error on Form W-2 after you issue it to your employee but before you send it to the SSA, check the Generally, an agent is not responsible for refunding “Void” box at the top of the incorrect Form W-2 on Copy A. TIP excess social security or railroad retirement (RRTA) Prepare a new Form W-2 with the correct information, and tax on employees. If an employee worked for more send Copy A to the SSA. Write “CORRECTED” on the than one employer during 2009 and had more than employee’s new copies (B, C, and 2), and furnish them to $6,621.60 in social security and Tier I RRTA tax withheld, he the employee. If the “Void” Form W-2 is on a page with a or she should claim the excess on the appropriate line of correct Form W-2, send the entire page to the SSA. The Form 1040 or Form 1040A. If an employee had more than “Void” form will not be processed. Do not write $3,088.80 in Tier II RRTA tax withheld from more than one “CORRECTED” on Copy A of Form W-2. -4- |
After December 31, 2008, if you are making a correction • Box f – Employee A’s address for a previously filed Form 941, Form 943, or Form 944, use • Box 1 – 10000.00 (does not include the $3,000 accrued Form 941-X, Adjusted Employer’s QUARTERLY Federal wages and vacation pay) Tax Return or Claim for Refund, Form 943-X, Adjusted • Box 2 – 1500.00 Employer’s ANNUAL Federal Tax Return for Agricultural • Box 3 – 13000.00 (includes the $3,000 accrued wages Employees or Claim for Refund, or Form 944-X, Adjusted and vacation pay) Employer’s ANNUAL Federal Tax Return or Claim for • Box 4 – 806.00 (6.2% of the amount in box 3) Refund, for the return period in which you found the error. • Box 5 – 13000.00 (includes the $3,000 accrued wages See the Instructions for Form 941-X for more details. Issue and vacation pay) the employee a Form W-2c if the error discovered was for • Box 6 – 188.50 (1.45% of the amount in box 5) the prior year. If you are correcting social security or Medicare wages or tips, also file the entire Copy A page of Employer X also must complete Form 1099-MISC as Form W-2c and Form W-3c with the SSA to correct the CAUTION! follows: social security records and any other items on the original Form W-2 (or previously filed Form W-2c) that were in error. • Boxes for: Recipient’s name, address, and TIN—The estate’s name, address, and TIN Incorrect address on employee’s Form W-2. If you • Box 3: 3000.00 (Even though amounts were withheld for filed a Form W-2 with the SSA showing an incorrect address social security and Medicare taxes, the gross amount is for the employee but all other information on the Form W-2 reported here.) is correct, do not file Form W-2c with the SSA merely to correct the address. However, if the address was incorrect If Employer X made the payment after the year of death, on the Form W-2 furnished to the employee, you must do the $3,000 would not be subject to social security and one of the following. Medicare taxes and would not be shown on Form W-2. Issue a new, corrected Form W-2 to the employee, However, the employer would still file Form 1099-MISC. • including the new address. Indicate “REISSUED Designated Roth contributions. Under section 402A, a STATEMENT” on the new copies. Do not send copy A to the participant in a section 401(k) plan or under a 403(b) salary SSA. reduction agreement that includes a qualified Roth • Issue a Form W-2c to the employee showing the correct contribution program may elect to make designated Roth address in box i and all other correct information. Do not contributions to the plan or program in lieu of elective send copy A to the SSA. deferrals. Designated Roth contributions are subject to • Reissue a Form W-2 with the incorrect address to the federal income tax withholding and social security and employee in an envelope showing the correct address or Medicare taxes (and railroad retirement taxes, if applicable) otherwise deliver it to the employee. and must be reported in boxes 1, 3, and 5. Deceased employee’s wages. If an employee dies during Section 402A requires separate reporting of the yearly the year, you must report the accrued wages, vacation pay, designated Roth contributions. Designated Roth and other compensation paid after the date of death. Follow contributions to 401(k) plans will be reported using code AA the instructions below even if you reissued the deceased in box 12; designated Roth contributions under 403(b) salary employee’s uncashed paycheck in the name of his or her reduction agreements will be reported using code BB in estate or beneficiary. box 12. For reporting instructions, see Code AA and Code BB on page 13. If you made the payment in the same year the employee died, you must withhold social security and Medicare taxes Educational assistance programs. A $5,250 exclusion on the payment and report the payment on the employee’s for employer-provided educational assistance applies to Form W-2 only as social security and Medicare wages to benefits provided to your employees under an educational ensure proper social security and Medicare credit is assistance program. However, educational assistance that received. exceeds $5,250 may be excludable from an employee’s wages if it qualifies as a working condition benefit. See Pub. On the employee’s Form W-2, show the payment as 970, Tax Benefits for Education, and section 2 of Pub. 15-B social security wages (box 3) and Medicare wages and tips for more information. Also see Box 1—Wages, tips, other (box 5) and the social security and Medicare taxes withheld compensation on page 9. in boxes 4 and 6. Do not show the payment in box 1. Election workers. Report on Form W-2 payments of $600 If you made the payment after the year of death, do not or more to election workers for services performed in state, report it on Form W-2, and do not withhold social security county, and municipal elections. File Form W-2 for and Medicare taxes. payments of less than $600 paid to election workers if social Whether the payment is made in the year of death or security and Medicare taxes were withheld under a section after the year of death, you also must report it in box 3 of 218 (Social Security Act) agreement. Do not report election Form 1099-MISC, Miscellaneous Income, for the payment to worker payments on Form 1099-MISC. the estate or beneficiary. Use the name and taxpayer If the election worker is employed in another capacity identification number (TIN) of the payment recipient on Form with the same government entity, see Rev. Rul. 2000-06 on 1099-MISC. page 512 of Internal Revenue Bulletin 2000-06 at Example. Before Employee A’s death on June 15, 2009, www.irs.gov/pub/irs-irbs/irb00-06.pdf. A was employed by Employer X and received $10,000 in Employee business expense reimbursements. wages on which federal income tax of $1,500 was withheld. Reimbursements to employees for business expenses must When A died, X owed A $2,000 in wages and $1,000 in be reported as follows: accrued vacation pay. The total of $3,000 (less the social • Generally, payments made under an accountable plan are security and Medicare taxes withheld) was paid to A’s estate excluded from the employee’s gross income and are not on July 20, 2009. Because X made the payment during the reported on Form W-2. However, if you pay a per diem or year of death, X must withhold social security and Medicare mileage allowance and the amount paid for substantiated taxes on the $3,000 payment and must complete Form W-2 miles or days traveled exceeds the amount treated as as follows: substantiated under IRS rules, you must report as wages on • Box a – Employee A’s SSN Form W-2 the amount in excess of the amount treated as • Box e – Employee A’s name substantiated. The excess amount is subject to income tax -5- |
withholding and social security and Medicare taxes. Report year and full social security and Medicare taxes for part of the amount treated as substantiated (that is, the nontaxable the year. portion) in box 12 using code L. See Code L— Option one (which the SSA prefers) is to file a single Substantiated employee business expense reimbursements Form W-2 reflecting the employees’ wages for the entire on page 12. year, even if only part of the year’s wages was subject to • Payments made under a nonaccountable plan are both social security and Medicare taxes. The Form W-3 reported as wages on Form W-2 and are subject to federal must have the “941” box checked in box b. The wages in income tax withholding and social security and Medicare box 5 must be equal to or greater than the wages in box 3 taxes. on Form W-2. For more information on accountable plans, Option two is to file two Forms W-2 and two Forms W-3. nonaccountable plans, amounts treated as substantiated File one Form W-2 for wages subject to Medicare tax only. under a per diem or mileage allowance, the standard Be sure to check the “Medicare govt. emp.” box in box b of mileage rate, the per diem substantiation method, and the Form W-3. File the second Form W-2 for wages subject to high-low substantiation method, see Pub. 463, Travel, both social security and Medicare taxes with the “941” box Entertainment, Gift, and Car Expenses; Pub. 1542, Per checked in box b of Form W-3. The wages in box 5 on each Diem Rates; and section 5 of Pub. 15 (Circular E). Form W-2 must be equal to or greater than the wages in Employee’s social security and Medicare taxes paid by box 3 on that same Form W-2. employer. If you paid your employee’s share of social Group-term life insurance. If you paid for group-term life security and Medicare taxes rather than deducting them insurance over $50,000 for an employee or a former from the employee’s wages, you must include these employee, you must report the taxable cost of excess payments as wages subject to federal income tax coverage, determined by using the table in section 2 of Pub. withholding and social security, Medicare, and federal 15-B, in boxes 1, 3, and 5 of Form W-2. Also, show the unemployment (FUTA) taxes. The amount to include as amount in box 12 with code C. For employees, you must wages is determined by using the formula contained in the withhold social security and Medicare taxes, but not federal discussion of Employee’s Portion of Taxes Paid by income tax. Former employees must pay the employee part Employer in section 7 of Pub. 15-A. of social security and Medicare taxes on the taxable cost of This does not apply to household and agricultural group-term life insurance over $50,000 on Form 1040. You ! employers. If you pay a household or agricultural are not required to collect those taxes. However, you must CAUTION employee’s social security and Medicare taxes, you report the uncollected social security tax with code M and must include these payments in the employee’s wages for the uncollected Medicare tax with code N in box 12 of income tax withholding purposes. However, the wage Form W-2. increase due to the tax payments is not subject to social Health Savings Account (HSA). An employer’s security, Medicare, or FUTA taxes. For information on contribution (including an employee’s contributions through completing Forms W-2 and W-3 in this situation, see the a cafeteria plan) to an employee’s HSA is not subject to Instructions for Schedule H (Form 1040), Household federal income tax withholding, or social security, Medicare, Employers, and section 3 of Pub. 51 (Circular A). or railroad retirement taxes (or FUTA tax) if it is reasonable to believe at the time of the payment that the contribution Fringe benefits. Include all taxable fringe benefits in box 1 will be excludable from the employee’s income. However, if of Form W-2 as wages, tips, and other compensation and, if it is not reasonable to believe at the time of payment that the applicable, in boxes 3 and 5 as social security and Medicare contribution will be excludable from the employee’s income, wages. Although not required, you may include the total employer contributions are subject to federal income tax value of fringe benefits in box 14 (or on a separate withholding and social security and Medicare taxes (or statement). However, if you provided your employee a railroad retirement taxes, if applicable) and FUTA tax and vehicle and included 100% of its annual lease value in the must be reported in boxes 1, 3, and 5 (and on Form 940, employee’s income, you must separately report this value to Employer’s Annual Federal Unemployment (FUTA) Tax the employee in box 14 (or on a separate statement). The Return). employee can then figure the value of any business use of the vehicle and report it on Form 2106, Employee Business You must report all employer contributions to an HSA in Expenses. Also see Pub. 15-B for more information. box 12 of Form W-2 with code W. Employer contributions to an HSA that are not excludable from the income of the If you used the commuting rule or the vehicle employee also must be reported in boxes 1, 3, and 5. CAUTION! cents-per-mile rule to value the personal use of the An employee’s contributions to an HSA (unless made vehicle, you cannot include 100% of the value of the through a cafeteria plan) are includible in income as wages use of the vehicle in the employee’s income. See Pub. 15-B. and are subject to federal income tax withholding and social Golden parachute payments. Include any golden security and Medicare taxes (or railroad retirement taxes, if parachute payments in boxes 1, 3, and 5 of Form W-2. applicable). Employee contributions are deductible, within Withhold federal income, social security, and Medicare limits, on the employee’s Form 1040. For more information taxes as usual and report them in boxes 2, 4, and 6, about HSAs, see Notice 2004-2 and Notice 2004-50. You respectively. Excess parachute payments are also subject to can find Notice 2004-2 on page 269 of Internal Revenue a 20% excise tax. If the excess payments are considered Bulletin 2004-2 at www.irs.gov/pub/irs-irbs/irb04-02.pdf. You wages, withhold the 20% excise tax and include it in box 2 can find Notice 2004-50 on page 196 of Internal Revenue as income tax withheld. Also report the excise tax in box 12 Bulletin 2004-33 at www.irs.gov/pub/irs-irbs/irb04-33.pdf. with code K. For definitions and additional information, see Also see Form 8889, Health Savings Accounts (HSAs), and Regulations section 1.280G-1 and Rev. Proc. 2003-68. You Pub. 969. can find Rev. Proc. 2003-68 on page 398 of Internal Lost Form W-2—reissued statement. If an employee Revenue Bulletin 2003-34 at www.irs.gov/pub/irs-irbs/ loses a Form W-2, write “REISSUED STATEMENT” on the irb03-34.pdf. new copy and furnish it to the employee. You do not have to Government employers. Federal, state, and local add “REISSUED STATEMENT” on Forms W-2 provided to agencies have two options for reporting their employees’ employees electronically. Do not send Copy A of the wages that are subject only to Medicare tax for part of the reissued Form W-2 to the SSA. Employers are not -6- |
prohibited (by the Internal Revenue Code) from charging a information will help the employee account for such fee for the issuance of a duplicate Form W-2. repayments on his or her federal income tax return. Moving expenses. Report moving expenses as follows: If the repayment was for a prior year, you must file Form • Qualified moving expenses that an employer paid to a W-2c with the SSA to correct only social security and third party on behalf of the employee (for example, to a Medicare wages and taxes. Do not correct “Wages” in box 1 moving company) and services that an employer furnished on Form W-2c for the amount paid in error. For information in kind to an employee are not reported on Form W-2. on reporting adjustments to Form 941, Form 943, or Form • Qualified moving expense reimbursements paid directly to 944, see section 13 of Pub. 15 (Circular E) or section 9 of an employee by an employer are reported only in box 12 of Pub. 51 (Circular A). Form W-2 with code P. • Nonqualified moving expense reimbursements are Tell your employee that the wages paid in error in a reported in boxes 1, 3, and 5 of Form W-2. These amounts TIP prior year remain taxable to him or her for that year. are subject to federal income tax withholding and social This is because the employee received and had use security and Medicare taxes (or railroad retirement taxes, if of those funds during that year. The employee is not entitled applicable). to file an amended return (Form 1040X) to recover the income tax on these wages. Instead, the employee is Nonqualified deferred compensation plans. Section entitled to a deduction (or a credit, in some cases) for the 409A, added by the American Jobs Creation Act of 2004, repaid wages on his or her Form 1040 for the year of provides that all amounts deferred under a nonqualified repayment. deferred compensation (NQDC) plan for all tax years are currently includible in gross income unless certain Scholarship and fellowship grants. Give a Form W-2 to requirements are met. If section 409A requires an amount to each recipient of a scholarship or fellowship grant only if you be included in gross income, the section imposes a are reporting amounts includible in income under section substantial additional tax. Section 409A, generally, is 117(c) (relating to payments for teaching, research, or other effective with respect to amounts deferred in tax years services required as a condition for receiving the qualified beginning after December 31, 2004, but deferrals made scholarship). Also see Pub. 15-A and Pub. 970. These prior to that year may be subject to section 409A under payments are subject to federal income tax withholding. some circumstances. However, their taxability for social security and Medicare taxes depends on the nature of the employment and the It is not necessary to show amounts deferred during the status of the organization. See Students in section 15 of year under an NQDC plan subject to section 409A. For more Pub. 15 (Circular E). information, see Notice 2008-115 available at www.irs.gov/ irb/2008-52_IRB/index.html. If you report section 409A Sick pay. If you had employees who received sick pay in deferrals, show the amount in Box 12 using code Y. 2009 from an insurance company or other third-party payer and the third party notified you of the amount of sick pay Income included under section 409A from an NQDC plan involved, you may be required to report the information on will be reported in box 1, and in box 12 using code Z. This the employees’ Forms W-2. If the insurance company or income is also subject to an additional tax reported on Form other third-party payer did not notify you in a timely manner 1040. For more information, see section 5 of Pub. 15-A. For about the sick pay payments, it must prepare Forms W-2 more information on amounts includible in gross income, and W-3 for your employees showing the sick pay. For see Notice 2008-113, available at www.irs.gov/irb/ specific reporting instructions, see Sick Pay Reporting in 2008-51_IRB/ar12.html and Notice 2008-115, available at section 6 of Pub. 15-A. www.irs.gov/irb/2008-52_IRB/index.html. Railroad employers. Railroad employers must file Form SIMPLE retirement account. An employee’s salary W-2 to report their employees’ wages and income tax reduction contributions to a SIMPLE (savings incentive withholding in boxes 1 and 2. Electronic reporting may be match plan for employees) retirement account are not required; see Electronic reporting on page 3. If you have subject to federal income tax withholding but are subject to both FICA employees and RRTA employees, you must file a social security, Medicare, and railroad retirement taxes. Do separate Form W-3 to transmit the Forms W-2 for each not include an employee’s contribution in box 1 but do group of employees. include it in boxes 3 and 5. An employee’s total contribution also must be included in box 12 with code D or S. If an employee is covered by social security and Medicare, also complete boxes 3, 4, 5, 6, and 7 of Form An employer’s matching or nonelective contribution to an W-2 to show the social security and Medicare wages and employee’s SIMPLE is not subject to federal income tax the amounts withheld for social security and Medicare taxes. withholding or social security, Medicare, or railroad On the Form W-3 used to transmit these Forms W-2, check retirement taxes and is not to be shown on Form W-2. the “941” box in box b. See Notice 98-4, 1998-1 C.B. 269, for more information For employees covered by RRTA tax, you also must on SIMPLE retirement accounts. You can find Notice 98-4 report the Tier I and Tier II taxes withheld in box 14 of Form on page 25 of Internal Revenue Bulletin 1998-2 at www.irs. W-2. Label them “Tier I tax” and “Tier II tax.” Boxes 3, 4, 5, gov/pub/irs-irbs/irb98-02.pdf. 6, and 7 apply only to covered social security and Medicare Successor/predecessor employers. If you buy or sell a employees and are not to be used to report railroad business during the year, see Rev. Proc. 2004-53 for retirement wages and taxes. On the Form W-3 used to information on who must file Forms W-2 and employment transmit these Forms W-2, check the “CT-1” box in box b. tax returns. You can find Rev. Proc. 2004-53 on page 320 of Repayments. If an employee repays you for wages Internal Revenue Bulletin 2004-34 at www.irs.gov/pub/ received in error, do not offset the repayments against irs-irbs/irb04-34.pdf. current year’s wages unless the repayments are for Terminating a business. If you terminate your business, amounts received in error in the current year. Repayments you must provide Forms W-2 to your employees for the made in the current year, but related to a prior year or years, calendar year of termination by the due date of your final must be repaid in gross, not net, and require special tax Form 941. You must also file Forms W-2 with the SSA by treatment by employees in some cases. You may advise the the last day of the month that follows the due date of your employee of the total repayments made during the current final Form 941. If filing on paper, make sure you obtain year and the amount (if any) related to prior years. This Forms W-2 and W-3 preprinted with the correct year. If filing -7- |
electronically, make sure your software has been updated Exceptions to the penalty. The following are for the current tax year. exceptions to the failure to file correct information returns However, if any of your employees are immediately penalty: employed by a successor employer, see Successor/ 1. The penalty will not apply to any failure that you can predecessor employers on page 7. Also, see Rev. Proc. show was due to reasonable cause and not to willful 96-57, 1996-2 C.B. 389 for information on automatic neglect. In general, you must be able to show that your extensions for furnishing Forms W-2 to employees and filing failure was due to an event beyond your control or due to Forms W-2. You can find Rev. Proc. 96-57 on page 14 of significant mitigating factors. You must also be able to show Internal Revenue Bulletin 1996-53 at www.irs.gov/pub/ that you acted in a responsible manner and took steps to irs-irbs/irb96-53.pdf. avoid the failure. 2. An inconsequential error or omission is not considered Get Schedule D (Form 941), Report of Discrepancies a failure to include correct information. An inconsequential TIP Caused by Acquisitions, Statutory Mergers, or error or omission does not prevent or hinder the SSA/IRS Consolidations, for information on reconciling wages from processing the Form W-2, from correlating the and taxes reported on Forms W-2 with amounts reported on information required to be shown on the form with the Forms 941, Form 943, or Form 944. information shown on the payee’s tax return, or from Uniformed Services Employment and Reemployment otherwise putting the form to its intended use. Errors and Rights Act of 1994 (USERRA) makeup amounts to a omissions that are never inconsequential are those relating pension plan. If an employee returned to your employment to: after military service and certain makeup amounts were • A TIN, contributed to a pension plan for a prior year(s) under the • A payee’s surname, and USERRA, report the prior year contributions separately in • Any money amounts. box 12. See the TIP above Code D on page 12. You also 3. De minimis rule for corrections. Even though you may report certain makeup amounts in box 14. See cannot show reasonable cause, the penalty for failure to file Box 14—Other on page 14. correct Forms W-2 will not apply to a certain number of Instead of reporting in box 12 (or box 14), you may returns if you: choose to provide a separate statement to your employee • Filed those Forms W-2 on or before the required filing showing USERRA makeup contributions. The statement date, must identify the type of plan, the year(s) to which the • Either failed to include all of the information required on contributions relate, and the amount contributed for each the form or included incorrect information, and year. • Filed corrections of these forms by August 2. If you meet all of the conditions above, the penalty for Penalties filing incorrect information returns (including Form W-2) will The following penalties generally apply to the person not apply to the greater of 10 information returns (including required to file Form W-2. The penalties apply to paper filers Form W-2) or 1/ 2of 1% of the total number of information as well as to electronic filers. returns (including Form W-2) that you are required to file for the calendar year. Use of a reporting agent or other third-party payroll Lower maximum penalties for small businesses. For CAUTION! service provider does not relieve an employer of the purposes of the lower maximum penalties shown in responsibility to ensure that Forms W-2 are furnished parentheses above, you are a small business if your to employees and are filed correctly and on time. average annual gross receipts for the 3 most recent tax Failure to file correct information returns by the due years (or for the period that you were in existence, if shorter) date. If you fail to file a correct Form W-2 by the due date ending before the calendar year in which the Forms W-2 and cannot show reasonable cause, you may be subject to were due are $5 million or less. a penalty as provided under section 6721. The penalty Intentional disregard of filing requirements. If any applies if you: failure to file a correct Form W-2 is due to intentional • Fail to file timely, disregard of the filing or correct information requirements, • Fail to include all information required to be shown on the penalty is at least $100 per Form W-2 with no maximum Form W-2, penalty. • Include incorrect information on Form W-2, • File on paper when you were required to file Failure to furnish correct payee statements. If you fail to electronically, provide correct payee statements (Forms W-2) to your • Report an incorrect TIN, employees and you cannot show reasonable cause, you • Fail to report a TIN, or may be subject to a penalty. The penalty applies if you fail to • Fail to file paper Forms W-2 that are machine readable. provide the statement by February 1, if you fail to include all information required to be shown on the statement, or if you The amount of the penalty is based on when you file the include incorrect information on the statement. correct Form W-2. The penalty is: $15 per Form W-2 if you correctly file within 30 days; The penalty is $50 per statement, no matter when the •maximum penalty $75,000 per year ($25,000 for small correct statement is furnished, with a maximum of $100,000 businesses, defined later). per year. The penalty is not reduced for furnishing a correct $30 per Form W-2 if you correctly file more than 30 days statement by August 2. • after the due date but by August 2; maximum penalty Exception. An inconsequential error or omission is not $150,000 per year ($50,000 for small businesses). considered a failure to include correct information. An • $50 per Form W-2 if you file after August 2 or you do not inconsequential error or omission cannot reasonably be file required Forms W-2; maximum penalty $250,000 per expected to prevent or hinder the payee from timely year ($100,000 for small businesses). receiving correct information and reporting it on his or her income tax return or from otherwise putting the statement to If you do not file corrections and you do not meet any its intended use. Errors and omissions that are never ! of the exceptions to the penalty stated below, the inconsequential are those relating to: CAUTION penalty is $50 per information return. A dollar amount, • -8- |
• A significant item in a payee’s address, and If the employee has applied for a card but the number is • The appropriate form for the information provided, such not received in time for filing, enter “Applied For” in box a on as whether the form is an acceptable substitute for the paper Forms W-2 filed with the SSA. (Enter zeros official IRS form. (000-00-0000) if Form W-2 is filed electronically with the Intentional disregard of payee statement SSA.) requirements. If any failure to provide a correct payee Ask the employee to inform you of the number and name statement (Form W-2) to an employee is due to intentional as they are shown on the social security card when it is disregard of the requirements to furnish a correct payee received. Then correct your previous report by filing Form statement, the penalty is at least $100 per Form W-2 with no W-2c showing the employee’s SSN. If the employee needs maximum penalty. to change his or her name from that shown on the card, the Civil damages for fraudulent filing of Forms W-2. If you employee should call the SSA at 1-800-772-1213. willfully file a fraudulent Form W-2 for payments that you If you do not provide the correct employee name and TIN claim you made to another person, that person may be able on Form W-2, you may owe a penalty unless you have to sue you for damages. You may have to pay $5,000 or reasonable cause. For more information, see Publication more. 1586, Reasonable Cause Regulations and Requirements for Missing/Incorrect Name/TINs. Box b—Employer identification number (EIN). Show the Specific Instructions for Form W-2 employer identification number (EIN) assigned to you by the IRS (00-0000000). This should be the same number that How to complete Form W-2. Form W-2 is a six-part form. you used on your federal employment tax returns (Form Ensure all copies are legible. Send Copy A to the SSA; 941, Form 943, Form 944, Form CT-1, or Schedule H (Form Copy 1 to your state, city, or local tax department; and 1040)). Do not use a prior owner’s EIN. If you do not have Copies B, C, and 2 to your employee. Keep Copy D, and a an EIN when filing Forms W-2, enter “Applied For” in box b; copy of Form W-3, with your records for 4 years. do not use your SSN. You can get an EIN by applying online Type the entries on Form W-2 using black ink in 12-point at www.irs.gov, by calling the toll-free number Courier font. Copy A is read by machine and must be typed 1-800-829-4933, or by filing Form SS-4, Application for clearly with no corrections made to the entries or entries Employer Identification Number. Also see Agent reporting exceeding the size of the boxes. Entries completed by hand, on page 4. in script or italics fonts, or in colors other than black cannot Box c—Employer’s name, address, and ZIP code. This be read by the machines. Make all dollar entries on Copy A entry should be the same as shown on your Form 941, Form without the dollar sign and comma but with the decimal point 943, Form 944, Form CT-1, or Schedule H (Form 1040). (00000.00). Show the cents portion of the money amounts. Also see Agent reporting on page 4. If a box does not apply, leave it blank. Box d—Control number. You may use this box to identify Send the whole Copy A page of Form W-2 with Form individual Forms W-2. You do not have to use this box. W-3 to SSA even if one of the Forms W-2 on the page is Boxes e and f—Employee’s name and address. Enter blank or void. Do not staple Forms W-2 together or to Form the name as shown on your employee’s social security card W-3. File Forms W-2 either alphabetically by employees’ (first, middle initial, last). Generally, do not enter “Jr.,” “Sr.,” last names or numerically by employees’ SSNs. etc., in the “Suff.” box on Copy A unless the suffix appears Calendar year basis. The entries on Form W-2 must be on the card. However, SSA still prefers that you do not enter based on wages paid during the calendar year. Use Form the suffix on Copy A. If the name does not fit, you may show W-2 for the correct tax year. For example, if the employee first name initial, middle initial, and last name (and ignore worked from December 21, 2009, through January 3, 2010, the vertical line). If the name has changed, the employee and the wages for that period were paid on January 5, 2010, must get a corrected card from any SSA office. Use the include those wages on the 2010 Form W-2. name on the original card until you see the corrected card. Multiple forms. If necessary, you can issue more than one Do not show titles or academic degrees, such as “Dr.,” “RN,” Form W-2 to an employee. For example, you may need to or “Esq.,” at the beginning or end of the employee’s name. report more than four coded items in box 12 or you may Include in the address the number, street, and apartment want to report other compensation on a second form. If you or suite number (or P.O. box number if mail is not delivered issue a second Form W-2, complete boxes b, c, d, e, and f to a street address). For a foreign address, give the with the same information as on the first Form W-2. Show information in the following order: city, province or state, and any items that were not included on the first Form W-2 in the country. Follow the country’s practice for entering the postal appropriate boxes. Also, see the TIP below Box 12—Codes code. Do not abbreviate the country name. on page 11. Third-party payers of sick pay filing third-party sick pay Do not report the same federal tax data to the SSA on recap Forms W-2 and W-3 must enter “Third-Party Sick Pay more than one Copy A. Recap” in place of the employee’s name in box e. Also, do not enter the employee’s SSN in box a. See Sick Pay For each Form W-2 showing an amount in box 3 or Reporting in section 6 of Pub. 15-A. TIP box 7, make certain that box 5 equals or exceeds the sum of boxes 3 and 7. Box 1—Wages, tips, other compensation. Show the total taxable wages, tips, and other compensation (before Void. Check this box when an error is made on Form W-2 any payroll deductions) that you paid to your employee and you are voiding it because you are going to complete a during the year. However, do not include elective deferrals new Form W-2. Do not include any amounts shown on (such as employee contributions to a section 401(k) or “Void” forms in the totals you enter on Form W-3. See 403(b) plan) except section 501(c)(18) contributions. Include Corrections on page 4. the following: Box a—Employee’s social security number. Enter the 1. Total wages, bonuses (including signing bonuses), number shown on the employee’s social security card. If the prizes, and awards paid to employees during the year. See employee does not have a card, he or she should apply for Calendar year basis above. one by completing Form SS-5, Application for a Social 2. Total noncash payments, including certain fringe Security Card. benefits. See Fringe benefits on page 6. -9- |
3. Total tips reported by the employee to the employer security tax but not including social security tips and (not allocated tips). allocated tips. See Box 7—Social security tips and 4. Certain employee business expense reimbursements Box 8—Allocated tips on page 11. Generally, noncash (see Employee business expense reimbursements on payments are considered to be wages. Include employee page 5). business expense reimbursements reported in box 1. If you 5. The cost of accident and health insurance premiums paid the employee’s share of social security and Medicare for 2% or more shareholder-employees paid by an S taxes rather than deducting them from wages, see corporation. Employee’s social security and Medicare taxes paid by 6. Taxable benefits from a section 125 (cafeteria) plan if employer on page 6. The total of boxes 3 and 7 cannot the employee chooses cash. exceed $106,800 (2009 maximum social security wage 7. Employee contributions to an Archer MSA. base). Include in box 5 any amounts reported in box 3. 8. Employer contributions to an Archer MSA if includible in the income of the employee. See Archer MSA on page 4. Report in box 3 elective deferrals to certain qualified cash 9. Employer contributions for qualified long-term care or deferred compensation arrangements and to retirement services to the extent that such coverage is provided plans described in box 12 (codes D, E, F, G, and S) even through a flexible spending or similar arrangement. though the deferrals are not includible in box 1. Also report 10. Taxable cost of group-term life insurance in excess of in box 3 designated Roth contributions made under a $50,000. See Group-term life insurance on page 6. section 401(k) plan or under a section 403(b) salary 11. Unless excludable under Educational assistance reduction agreement described in box 12 (codes AA programs (see page 5), payments for non-job-related and BB). education expenses or for payments under a Amounts deferred (plus earnings) under a nonqualified or nonaccountable plan. See Pub. 970. section 457(b) plan must be included in boxes 3 and/or 5 as 12. The amount includible as wages because you paid social security and/or Medicare wages as of the later of your employee’s share of social security and Medicare when the services giving rise to the deferral are performed taxes. See Employee’s social security and Medicare taxes or when there is no substantial forfeiture risk of the rights to paid by employer on page 6. If you also paid your the deferred amount. Include both elective and nonelective employee’s income tax withholding, treat the grossed-up deferrals for purposes of section 457(b) plans. amount of that withholding as supplemental wages and report those wages in boxes 1, 3, 5, and 7. No exceptions to Also include in box 3: this treatment apply to household or agricultural wages. • Signing bonuses an employer pays for signing or ratifying 13. Designated Roth contributions made under a section an employment contract. See Rev. Rul. 2004-109. You can 401(k) plan or under a section 403(b) salary reduction find Rev. Rul. 2004-109 on page 958 of Internal Revenue agreement. See Designated Roth contributions on page 5. Bulletin 2004-50 at www.irs.gov/pub/irs-irbs/irb04-50.pdf. 14. Distributions to an employee or former employee from Taxable cost of group-term life insurance over $50,000 an NQDC plan (including a rabbi trust) or a included• in box 1. See Group-term life insurance on page 6. nongovernmental section 457(b) plan. Cost of accident and health insurance premiums for 2% or 15. Amounts includible in income under section 457(f) •more shareholder-employees paid by an S corporation, but because the amounts are no longer subject to a substantial only if not excludable under section 3121(a)(2)(B). risk of forfeiture. Employee and nonexcludable employer contributions to 16. Payments to statutory employees who are subject to •an MSA or HSA. However, do not include employee social security and Medicare taxes but not subject to federal contributions to an HSA that were made through a cafeteria income tax withholding must be shown in box 1 as other plan. See Archer MSA on page 4 and Health Savings compensation. See Statutory employee on page 13. Account (HSA) on page 6. 17. Cost of current insurance protection under a compensatory split-dollar life insurance arrangement. • Employee contributions to a SIMPLE retirement account. 18. Employee contributions to a Health Savings Account See SIMPLE retirement account on page 7. (HSA). • Adoption benefits. See Adoption benefits on page 4. 19. Employer contributions to an HSA if includible in the Box 4—Social security tax withheld. Show the total income of the employee. See Health Savings Account employee social security tax (not your share) withheld, (HSA) on page 6. including social security tax on tips. Do not reduce this 20. Amounts includible in income under an NQDC plan amount by any advance EIC payments made to the because of section 409A. See Nonqualified deferred employee. For 2009, the amount should not exceed compensation plans on page 7. $6,621.60 ($106,800 ×6.2%). Include only taxes withheld 21. Payments made to former employees while they are (or paid by you for the employee) for 2009 wages and tips. If on active duty for more than 30 days in the Armed Forces or you paid your employee’s share, see Employee’s social other uniformed services. security and Medicare taxes paid by employer on page 6. 22. All other compensation, including certain scholarship and fellowship grants (see page 7). Other compensation Box 5—Medicare wages and tips. The wages and tips includes taxable amounts that you paid to your employee subject to Medicare tax are the same as those subject to from which federal income tax was not withheld. You may social security tax (boxes 3 and 7) except that there is no show other compensation on a separate Form W-2. See wage base limit for Medicare tax. Enter the total Medicare Multiple forms on page 9. wages and tips in box 5. Be sure to enter tips that the employee reported even if you did not have enough Box 2—Federal income tax withheld. Show the total employee funds to collect the Medicare tax for those tips. federal income tax withheld from the employee’s wages for See Box 3—Social security wages above for payments to the year (do not reduce the wages by any advance EIC report in this box. If you paid your employee’s share of payments made to the employee). Include the 20% excise taxes, see Employee’s social security and Medicare taxes tax withheld on excess parachute payments. See Golden paid by employer on page 6. parachute payments on page 6. If you are a federal, state, or local agency with employees Box 3—Social security wages. Show the total wages paying only the 1.45% Medicare tax, enter the Medicare paid (before payroll deductions) subject to employee social wages in this box. See Government employers on page 6. -10- |
Example of how to report social security and Annuities, Retirement or Profit-Sharing Plans, IRAs, Medicare wages. You paid your employee $140,000 in Insurance Contracts, etc., not in box 1 of Form W-2. wages. Enter in box 3 (social security wages) 106800.00 but If you did not make distributions this year, show deferrals enter in box 5 (Medicare wages and tips) 140000.00. There (plus earnings) under a nonqualified or any section 457(b) is no limit on the amount reported in box 5. If the amount of plan that became taxable for social security and Medicare wages paid was $106,800 or less, the amounts entered in taxes during the year (but were for prior year services) boxes 3 and 5 would be the same. because the deferred amounts were no longer subject to a Box 6—Medicare tax withheld. Enter the total employee substantial risk of forfeiture. Also report these amounts in Medicare tax (not your share) withheld. Include only tax boxes 3 (up to the social security wage base) and 5. Do not withheld for 2009 wages and tips. Do not reduce this report in box 11 deferrals included in boxes 3 and/or 5 and amount by any advance EIC payments made to the deferrals for current year services (such as those with no employee. If you paid your employee’s share of the taxes, risk of forfeiture). see Employee’s social security and Medicare taxes paid by employer on page 6. If you made distributions and are also reporting any Box 7—Social security tips. Show the tips that the CAUTION! deferrals in box(es) 3 and/or 5, do not complete box employee reported to you even if you did not have enough 11. See Pub. 957, Reporting Back Pay and Special employee funds to collect the social security tax for the tips. Wage Payments to the Social Security Administration, and The total of boxes 3 and 7 should not be more than Form SSA-131, Employer Report of Special Wage $106,800 (the maximum social security wage base for Payments, for instructions on reporting these and other 2009). Report all tips in box 1 along with wages and other kinds of compensation earned in prior years. However, do compensation. Include any tips reported in box 7 in box 5 not file Form SSA-131 if this situation applies but the also. employee will not be age 62 or older by the end of that year. Box 8—Allocated tips. If you are a food or beverage establishment, show the tips allocated to the employee. See Unlike qualified plans, NQDC plans do not meet the the Instructions for Form 8027, Employer’s Annual qualification requirements for tax-favored status for this Information Return of Tip Income and Allocated Tips. Do not purpose. NQDC plans include those arrangements include this amount in boxes 1, 3, 5, or 7. traditionally viewed as deferring the receipt of current compensation. Accordingly, welfare benefit plans, stock Box 9—Advance EIC payment. Show the total paid to the option plans, and plans providing dismissal pay, termination employee as advance earned income credit (EIC) pay, or early retirement pay are not NQDC plans. payments. programBoxdependent10—Dependent(sectioncare benefits129)carepaidunderbenefits.or incurreda dependentShowby youcarethefortotalassistanceyour beneficiariesonReportForm W-2.distributionsof deceasedfromemployeesNQDC oronsectionForm4571099-R,plansnotto employee. Include the fair market value (FMV) of care in a Military employers must report military retirement daycare facility provided or sponsored by you for your payments on Form 1099-R. employee and amounts paid or incurred for dependent care assistance in a section 125 (cafeteria) plan. Report all Do not report special wage payments, such as amounts paid or incurred (regardless of any employee TIP accumulated sick pay or vacation pay, in box 11. For forfeitures), including those in excess of the $5,000 more information on reporting special wage exclusion. This may include (a) the FMV of benefits provided payments, see Pub. 957. in kind by the employer, (b) an amount paid directly to a Box 12—Codes. Complete and code this box for all items daycare facility by the employer or reimbursed to the described below. Note that the codes do not relate to where employee to subsidize the benefit, or (c) benefits from the they should be entered in boxes 12a–12d on Form W-2. For pre-tax contributions made by the employee under a section example, if you are only required to report code D in box 12, 125 dependent care flexible spending account. Include any you can enter code D and the amount in box 12a of Form amounts over $5,000 in boxes 1, 3, and 5. For more W-2. Do not report in box 12 any items that are not listed as information, see Pub. 15-B. codes A–BB. Also, do not report in box 12 section 414(h)(2) contributions (relating to certain state or local government An employer that amends its cafeteria plan to plans). Instead, use box 14 for these items and any other TIP provide a grace period for dependent care information that you wish to give to your employee. For assistance may continue to rely on Notice 89-111, by example, union dues and uniform payments may be reporting in Box 10 of Form W-2 the salary reduction reported in box 14. amount elected by the employee for the year for dependent care assistance (plus any employer matching contributions On Copy A (Form W-2), do not enter more than attributable to dependent care). TIP four items in box 12. If more than four items need Box 11—Nonqualified plans. The purpose of box 11 is to be reported in box 12, use a separate Form W-2 for the SSA to determine if any part of the amount reported to report the additional items (but enter no more than four in box 1 or boxes 3 and/or 5 was earned in a prior year. The items on each Copy A (Form W-2)). On all other copies of SSA uses this information to verify that they have properly Form W-2 (Copies B, C, etc.), you may enter more than four applied the social security earnings test and paid the correct items in box 12 when using an approved substitute Form amount of benefits. W-2. See Multiple forms on page 9. Reporting in box 11 is unaffected by the changes Use the IRS code designated below for the item you are TIP made by the American Jobs Creation Act of 2004. entering, followed by the dollar amount for that item. Even if only one item is entered, you must use the IRS code designated for that item. Enter the code using a capital Show distributions to an employee from a nonqualified letter. Use decimal points but not dollar signs or commas. plan or a nongovernmental section 457(b) plan. Also report For example, if you are reporting $5,300.00 in elective these distributions in box 1. Make only one entry in this box. deferrals under a section 401(k) plan, the entry would be Distributions from governmental section 457(b) plans must D 5300.00 (not A 5300.00 even though it is the first or only be reported on Form 1099-R, Distributions From Pensions, entry in this box). Report the IRS code to the left of the -11- |
vertical line in boxes 12a–12d and money amount to the • Employer matching contributions. right of the vertical line. Code D—Elective deferrals under section 401(k) cash See the Form W-2 Reference Guide for Box 12 Codes on or deferred arrangement (plan). Also show deferrals page 16. See also the detailed instructions below for each under a SIMPLE retirement account that is part of a section code. 401(k) arrangement. Code A—Uncollected social security or RRTA tax on Example of reporting excess elective deferrals and tips. Show the employee social security or Railroad designated Roth contributions under a section 401(k) Retirement Tax Act (RRTA) tax on all of the employee’s tips plan. For 2009, Employee A (age 45) elected to defer that you could not collect because the employee did not $18,300 under a section 401(k) plan. The employee also have enough funds from which to deduct it. Do not include made a designated Roth contribution to the plan of $1,000, this amount in box 4. and made a voluntary (non-Roth) after-tax contribution of Code B—Uncollected Medicare tax on tips. Show $600. In addition, the employer, on A’s behalf, made a the employee Medicare tax or RRTA Medicare tax on tips qualified nonelective contribution of $2,000 to the plan and a that you could not collect because the employee did not nonelective profit-sharing employer contribution of $3,000. have enough funds from which to deduct it. Do not include Even though the 2009 limit for elective deferrals and this amount in box 6. designated Roth contributions is $16,500, the employee’s Code C—Taxable cost of group-term life insurance total elective deferral amount of $18,300 is reported in box over $50,000. Show the taxable cost of group-term life 12 with code D (D 18300.00). The designated Roth insurance coverage over $50,000 provided to your contribution is reported in box 12 with code AA (AA employee (including a former employee). See Group-term 1000.00). The employer must separately report the actual life insurance on page 6. Also include this amount in boxes amounts of $18,300 and $1,000 in box 12 with the 1, 3 (up to the social security wage base), and 5. appropriate codes. The amount deferred in excess of the limit is not reported in box 1. The return of excess salary Codes D through H, S, Y, AA, and BB. Use these deferrals and excess designated contributions, including codes to show elective deferrals and designated Roth earnings on both, is reported on Form 1099-R. contributions made to the plans listed. Do not report amounts for other types of plans. See below for an example The $600 voluntary after-tax contribution may be reported of reporting elective deferrals under a section 401(k) plan. in box 14 (this is optional) but not in box 12. The $2,000 nonelective contribution and the $3,000 nonelective The amount reported as elective deferrals and profit-sharing employer contribution are not required to be designated Roth contributions is only the part of the reported on Form W-2, but may be reported in box 14. employee’s salary (or other compensation) that he or she did not receive because of the deferrals or designated Roth Check the “Retirement plan” box in box 13. contributions. Only elective deferrals and designated Roth Code E—Elective deferrals under a section 403(b) contributions should be reported in box 12 for all coded salary reduction agreement. plans; except, when using code G for section 457(b) plans, Code F—Elective deferrals under a section 408(k)(6) include both elective and nonelective deferrals. salary reduction SEP. For employees who were 50 years of age or older at any Code G—Elective deferrals and employer time during the year and made elective deferral and/or contributions (including nonelective deferrals) to any designated Roth “catch-up” contributions, report the elective governmental or nongovernmental section 457(b) deferrals and the elective deferral “catch-up” contributions deferred compensation plan. Do not report either section as a single sum in box 12 using the appropriate code, and 457(b) or section 457(f) amounts that are subject to a the designated Roth contributions and designated Roth substantial risk of forfeiture. “catch-up” contributions as a single sum in box 12 using the Code H—Elective deferrals under section appropriate code. 501(c)(18)(D) tax-exempt organization plan. Be sure to If any elective deferrals, salary reduction amounts, or include this amount in box 1 as wages. The employee will TIP nonelective contributions under a section 457(b) plan deduct the amount on his or her Form 1040. during the year are makeup amounts under the Code J—Nontaxable sick pay. Show any sick pay that Uniformed Services Employment and Reemployment Rights was paid by a third-party and was not includible in income Act of 1994 (USERRA) for a prior year, you must enter the (and not shown in boxes 1, 3, and 5) because the employee prior year contributions separately. Beginning with the contributed to the sick pay plan. Do not include nontaxable earliest year, enter the code, the year, and the amount. For disability payments made directly by a state. example, elective deferrals of $2,250 for 2007 and $1,250 Code K—20% excise tax on excess golden parachute for 2008 under USERRA under a section 401(k) plan are payments. If you made excess “golden parachute” reported in box 12 as follows: payments to certain key corporate employees, report the D 07 2250.00, D 08 1250.00. A 2009 contribution of 20% excise tax on these payments. If the excess payments $7,000 does not require a year designation; enter it as are considered to be wages, report the 20% excise tax D 7000.00. Report the code (and year for prior year withheld as income tax withheld in box 2. USERRA contributions) to the left of the vertical line in Code L—Substantiated employee business expense boxes 12a through 12d. reimbursements. Use this code only if you reimbursed The following are not elective deferrals and may be your employee for employee business expenses using a per reported in box 14, but not in box 12. diem or mileage allowance and the amount that you • Nonelective employer contributions made on behalf of an reimbursed exceeds the amount treated as substantiated employee. under IRS rules. See Employee business expense • After-tax contributions that are not designated Roth reimbursements on page 5. contributions, such as voluntary contributions to a pension Report in box 12 only the amount treated as plan that are deducted from an employee’s pay. See the substantiated (such as the nontaxable part). In boxes 1, 3 instructions in codes AA and BB for reporting designated (up to the social security wage base), and 5, include the part Roth contributions on page 13. of the reimbursement that is more than the amount treated • Required employee contributions. as substantiated. -12- |
Code M—Uncollected social security or RRTA tax on current year and prior year deferrals. See Nonqualified taxable cost of group-term life insurance over $50,000 deferred compensation plans on page 7. (for former employees). If you provided your former employees (including retirees) more than $50,000 of Code Z—Income under section 409A on a group-term life insurance coverage for periods during which nonqualified deferred compensation plan. Enter all an employment relationship no longer exists, enter the amounts deferred (including earnings on amounts deferred) amount of uncollected social security or RRTA tax on the that are includible in income under section 409A because coverage in box 12. Also see Group-term life insurance on the NQDC plan fails to satisfy the requirements of section page 6. 409A. Do not include amounts properly reported on a Form 1099-MISC, corrected Form 1099-MISC, Form W-2, or Form Code N—Uncollected Medicare tax on taxable cost of W-2c for a prior year. Also, do not include amounts that are group-term life insurance over $50,000 (for former considered to be subject to a substantial risk of forfeiture for employees). If you provided your former employees purposes of section 409A. For more information, see (including retirees) more than $50,000 of group-term life Regulations sections 1.409A-1 through 1.409A-6, Notice insurance coverage for periods during which an employment 2008-113, available at www.irs.gov/irb/2008-51_IRB/ar12. relationship no longer exists, enter the amount of html, and Notice 2008-115, available at www.irs.gov/irb/ uncollected Medicare tax or RRTA Medicare tax on the 2008-52_IRB/index.html. coverage in box 12. Also see Group-term life insurance on page 6. The amount reported in box 12 using code Z is also Code P—Excludable moving expense reported in box 1, and is subject to an additional tax reimbursements paid directly to employee. Show the reported on the employee’s Form 1040. See Nonqualified total moving expense reimbursements that you paid directly deferred compensation plans on page 7. to your employee for qualified (deductible) moving Code AA—Designated Roth contributions under a expenses. See Moving expenses on page 7. section 401(k) plan. Use this code to report designated Code Q—Nontaxable combat pay. If you are a military Roth contributions under a section 401(k) plan. Do not use employer, report any nontaxable combat pay in box 12. this code to report elective deferrals under code D. See Designated Roth contributions on page 5. Code R—Employer contributions to an Archer MSA. Show any employer contributions to an Archer MSA. See Code BB—Designated Roth contributions under a Archer MSA on page 4. section 403(b) plan. Use this code to report designated Code S—Employee salary reduction contributions Roth contributions under a section 403(b) plan. Do not use under a section 408(p) SIMPLE. Show deferrals under a this code to report elective deferrals under code E. See section 408(p) salary reduction SIMPLE retirement account. Designated Roth contributions on page 5. However, if the SIMPLE is part of a section 401(k) Box 13—Checkboxes. Check all boxes that apply. arrangement, use code D. If you are reporting prior year • Statutory employee. Check this box for statutory contributions under USERRA, see the TIP above Code D on employees whose earnings are subject to social security page 12. and Medicare taxes but not subject to federal income tax Code T—Adoption benefits. Show the total that you withholding. Do not check this box for common-law paid or reimbursed for qualified adoption expenses employees. There are workers who are independent furnished to your employee under an adoption assistance contractors under the common-law rules but are treated by program. Also include adoption benefits paid or reimbursed statute as employees. They are called statutory employees. from the pre-tax contributions made by the employee under 1. A driver who distributes beverages (other than milk), a section 125 (cafeteria) plan. However, do not include or meat, vegetable, fruit, or bakery products; or who picks adoption benefits forfeited from a section 125 (cafeteria) up and delivers laundry or dry cleaning if the driver is your plan. Report all amounts including those in excess of the agent or is paid on commission. $12,150 exclusion. For more information, see Adoption 2. A full-time life insurance sales agent whose principal benefits on page 4. business activity is selling life insurance or annuity Code V—Income from the exercise of nonstatutory contracts, or both, primarily for one life insurance company. stock option(s). Show the spread (that is, the fair market 3. An individual who works at home on materials or value of stock over the exercise price of option(s) granted to goods that you supply and that must be returned to you or to your employee with respect to that stock) from your a person you name if you also furnish specifications for the employee’s (or former employee’s) exercise of nonstatutory work to be done. stock option(s). Include this amount in boxes 1, 3 (up to the 4. A full-time traveling or city salesperson who works on social security wage base), and 5. your behalf and turns in orders to you from wholesalers, retailers, contractors, or operators of hotels, restaurants, or This reporting requirement does not apply to the exercise other similar establishments. The goods sold must be of a statutory stock option, or the sale or disposition of stock merchandise for resale or supplies for use in the buyer’s acquired pursuant to the exercise of a statutory stock option. business operation. The work performed for you must be the For more information about the taxability of employee stock salesperson’s principal business activity. options, see Pub. 15-B. For details on statutory employees and common-law Code W—Employer contributions to a Health employees, see section 1 in Pub. 15–A. Savings Account (HSA). Show any employer • Retirement plan. Check this box if the employee was an contributions (including amounts the employee elected to “active participant” (for any part of the year) in any of the contribute using a section 125 (cafeteria) plan) to an HSA. following: See Health Savings Account (HSA) on page 6. 1. A qualified pension, profit-sharing, or stock-bonus plan Code Y—Deferrals under a section 409A nonqualified described in section 401(a) (including a 401(k) plan). deferred compensation plan. It is not necessary to show 2. An annuity plan described in section 403(a). deferrals in box 12 with code Y. For more information, see 3. An annuity contract or custodial account described in Notice 2008-115, available at www.irs.gov/irb/2008-52_IRB/ section 403(b). index.html. However, if you report these deferrals, show 4. A simplified employee pension (SEP) plan described current year deferrals, including earnings during the year on in section 408(k). -13- |
5. A SIMPLE retirement account described in section W-3. Type entries using black ink. Scanners will not read 408(p). entries if type is too light. 6. A trust described in section 501(c)(18). 7. A plan for federal, state, or local government Amounts reported on related employment tax forms employees or by an agency or instrumentality thereof (other TIP (for example, Form W-2, Form 941, Form 943, or than a section 457(b) plan). Form 944) should agree with the amounts reported Generally, an employee is an active participant if covered on Form W-3. If there are differences, you may be contacted by (a) a defined benefit plan for any tax year that he or she by the IRS and SSA. You should retain a reconciliation for is eligible to participate in or (b) a defined contribution plan future reference. See Reconciling Forms W-2, W-3, 941, (for example, a section 401(k) plan) for any tax year that 943, 944, CT-1, and Schedule H (Form 1040) on page 15. employer or employee contributions (or forfeitures) are Box a—Control number. This is an optional box that you added to his or her account. For additional information on may use for numbering the whole transmittal. employees who are eligible to participate in a plan, contact Box b—Kind of Payer. Check the box that applies to you. your plan administrator. For details on the active participant Check only one box unless the second checked box is rules, see Notice 87-16, 1987-1 C.B. 446, Notice 98-49, “Third-party sick pay.” If you have more than one type of 1998-2 C.B. 365, section 219(g)(5), and Pub. 590, Individual Form W-2, send each type (except “Third-party sick pay”) Retirement Arrangements (IRAs). You can find Notice 98-49 with a separate Form W-3. (The “Third-party sick pay” on page 5 of Internal Revenue Bulletin 1998-38 at indicator box does not designate a separate kind of payer.) www.irs.gov/pub/irs-irbs/irb98-38.pdf. 941. Check this box if you file Form 941, Employer’s QUARTERLY Federal Tax Return, and no other category Do not check this box for contributions made to a (except “Third-party sick pay”) applies. A church or church TIP nonqualified or section 457(b) plan. organization should check this box even if it is not required to file Form 941 or Form 944. • Third-party sick pay. Check this box only if you are a Military. Check this box if you are a military employer third-party sick pay payer filing a Form W-2 for an insured’s sending Forms W-2 for members of the uniformed services. employee or are an employer reporting sick pay payments made by a third party. See Sick Pay Reporting in section 6 943. Check this box if you are an agricultural employer of Pub. 15-A. and file Form 943, Employer’s Annual Federal Tax Return for Agricultural Employees, and you are sending Forms W-2 Box 14—Other. The lease value of a vehicle provided to for agricultural employees. For nonagricultural employees, your employee and reported in box 1 must be reported here send their Forms W-2 with a separate Form W-3, checking or on a separate statement to your employee. You may also the appropriate box. use this box for any other information that you want to give 944. Check this box if you file Form 944, Employer’s to your employee. Label each item. Examples include state ANNUAL Federal Tax Return (or Forma 944(SP), its disability insurance taxes withheld, union dues, uniform Spanish version), and no other category (except “Third-party payments, health insurance premiums deducted, nontaxable sick pay”) applies. income, educational assistance payments, or a member of the clergy’s parsonage allowance and utilities. In addition, CT-1. Check this box if you are a railroad employer you may enter the following contributions to a pension plan: sending Forms W-2 for employees covered under the (a) nonelective employer contributions made on behalf of an Railroad Retirement Tax Act (RRTA). Do not show employee, (b) voluntary after-tax contributions (but not employee RRTA tax in boxes 3–7. These boxes are only for designated Roth contributions) that are deducted from an social security and Medicare information. If you also have employee’s pay, (c) required employee contributions, and employees who are subject to social security and Medicare (d) employer matching contributions. taxes, send that group’s Forms W-2 with a separate Form W-3 and check the “941” box on that Form W-3. If you are reporting prior year contributions under Hshld. emp. Check this box if you are a household USERRA (see the TIP above Code D on page 12 and employer sending Forms W-2 for household employees and Uniformed Services Employment and Reemployment Rights you did not include the household employee’s taxes on Act of 1994 (USERRA) makeup amounts to a pension plan Form 941, Form 943, or Form 944. on page 8), you may report in box 14 makeup amounts for nonelective employer contributions, voluntary after-tax Medicare govt. emp. Check this box if you are a U.S., contributions, required employee contributions, and state, or local agency filing Forms W-2 for employees employer matching contributions. Report such amounts subject only to the 1.45% Medicare tax. See Government separately for each year. Railroad employers, see page 7. employers on page 6. Third-party sick pay. Check this box and another box Boxes 15 through 20—State and local income tax such as the “941” box if you are a third-party sick pay payer information. Use these boxes to report state and local (or are reporting sick pay payments made by a third party) income tax information. Enter the two-letter abbreviation for filing Forms W-2 with the “Third-party sick pay” checkbox in the name of the state. The employer’s state ID numbers are box 13 checked. File a single Form W-3 for the regular and assigned by the individual states. The state and local “Third-party sick pay” Forms W-2. See 941 above. information boxes can be used to report wages and taxes Box c—Total number of Forms W-2. Show the number for two states and two localities. Keep each state’s and of completed individual Forms W-2 that you are transmitting locality’s information separated by the broken line. If you with this Form W-3. Do not count “Void” Forms W-2. need to report information for more than two states or localities, prepare a second Form W-2. See Multiple forms Box d—Establishment number. You may use this box to on page 9. Contact your state or locality for specific identify separate establishments in your business. You may reporting information. file a separate Form W-3, with Forms W-2, for each establishment even if they all have the same EIN; or you may use a single Form W-3 for all Forms W-2 of the same type. Specific Instructions for Form W-3 Box e—Employer identification number (EIN). If you How to complete Form W-3. The instructions under How received a preprinted Form W-3 from the IRS with Pub. 393, to complete Form W-2 on page 9 generally apply to Form Federal Employment Tax Forms, or Pub. 2184, Form W-3 -14- |
Package (Including Alternative Ways To Get Employment them as one sum in the appropriate box on Form W-3. Tax Forms and Instructions), verify that your employer Verify the amount reported in each box is an accurate total identification number (EIN) is correct. Make any necessary of the Forms W-2. corrections on the form. If you did not receive a form with a preprinted EIN, enter Reconciling Forms W-2, W-3, 941, 943, 944, the nine-digit EIN assigned to you by the IRS. The number CT-1, and Schedule H (Form 1040) should be the same as shown on your Form 941, Form 943, Form 944, Form CT-1, or Schedule H (Form 1040) and in Reconcile the amounts shown in boxes 2, 3, 5, 7, and 9 the following format: 00-0000000. Do not use a prior owner’s from all 2009 Forms W-3 with their respective amounts from EIN. See Box h—Other EIN used this year below. the 2009 yearly totals from the quarterly Forms 941, or annual Form 943, Form 944, Form CT-1 (box 2 only), and If you do not have an EIN when filing your Form W-3, Schedule H (Form 1040). When there are discrepancies enter “Applied For” in box e, not your social security number between amounts reported on Forms W-2 and W-3 filed with (SSN), and see Box b—Employer identification number the SSA and on Form 941, Form 943, Form 944, Form (EIN) on page 9. CT-1, or Schedule H (Form 1040) filed with the IRS, you will Box f—Employer’s name. If you are not using a be contacted to resolve the discrepancies. preprinted Form W-3, enter the same name as shown on your Form 941, Form 943, Form 944, or Form CT-1. Make To help reduce discrepancies on Forms W-2: any necessary corrections on your preprinted Form W-3. • Report bonuses as wages and as social security and Medicare wages on Form W-2, and on Forms 941, 943, 944, Box g—Employer’s address and ZIP code. If you are and Schedule H (Form 1040). not using a preprinted Form W-3, enter your address. Make any necessary corrections on your preprinted Form W-3. • Report both social security and Medicare wages and taxes separately on Forms W-2 and W-3, and on Forms Box h—Other EIN used this year. If you have used an 941, 943, 944, and Schedule H (Form 1040). EIN (including a prior owner’s EIN) on Form 941, Form 943, • Report social security taxes withheld on Form W-2 in Form 944, or Form CT-1 submitted for 2009 that is different box 4, not in box 3. from the EIN reported on Form W-3 in box e, enter the other EIN used. Agents generally report the employer’s EIN in • Report Medicare taxes withheld on Form W-2 in box 6, box h. See Agent reporting on page 4. not in box 5. • Make sure that the social security wage amount for each Contact person, telephone number, fax number, and employee does not exceed the annual social security wage email address. Include this information for use by the SSA base limit ($106,800 for 2009). if any questions arise during processing. Do not report noncash wages that are not subject to • The amounts to enter in boxes 1 through 19, social security or Medicare taxes as social security or TIP described below, are totals from only the Forms W-2 Medicare wages. that you are sending with this Form W-3. • If you use an EIN on any quarterly Form 941 for the year (or annual Forms 943, 944, CT-1, and Schedule H (Form Boxes 1 through 10. Enter the totals reported in boxes 1 1040)) that is different from the EIN reported in box e on through 10 on the Forms W-2. Form W-3, enter the other EIN in box h on Form W-3. Box 11—Nonqualified plans. Enter the total reported in box 11 on Forms W-2. To reduce the discrepancies between amounts reported on Forms W-2 and W-3, and Forms 941, 943, Box 12—Deferred compensation. Enter one total of all 944, CT-1, and Schedule H (Form 1040): amounts reported with codes D through H, S, Y, AA, and BB • Be sure that the amounts on Form W-3 are the total in box 12 on Forms W-2. Do not enter a code. amounts from Forms W-2. Box 13—For third-party sick pay use only. Third-party • Reconcile Form W-3 with your four quarterly Forms 941 payers of sick pay (or employers using the optional rule for (or annual Forms 943, 944, CT-1, and Schedule H (Form Form W-2 described in section 6 of Pub. 15-A) filing 1040)) by comparing amounts reported for: third-party sick pay recap Forms W-2 and W-3 must enter 1. Income tax withholding (box 2). “Third-Party Sick Pay Recap” in this box. 2. Social security wages, Medicare wages and tips, and Box 14—Income tax withheld by payer of third-party social security tips (boxes 3, 5, and 7). Form W-3 should sick pay. Complete this box only if you are the employer include Form 941 or Forms 943, 944, and Schedule H (Form and have employees who had federal income tax withheld 1040) adjustments only for the current year. If the Form 941, on third-party payments of sick pay. Show the total income Form 943, or Form 944 adjustments include amounts for a tax withheld by third-party payers on payments to all of your prior year, do not report those prior year adjustments on the employees. Although this tax is included in the box 2 total, it current year Forms W-2 and W-3. must be separately shown here. 3. Social security and Medicare taxes (boxes 4 and 6). Box 15—State/Employer’s state ID number. Enter the The amounts shown on the four quarterly Forms 941 (or two-letter abbreviation for the name of the state being annual Form 943, Form 944, and Schedule H (Form 1040)), reported on Form(s) W-2. Also enter your state-assigned ID including current year adjustments, should be approximately number. If the Forms W-2 being submitted with this Form twice the amounts shown on Form W-3. W-3 contain wage and income tax information from more 4. Advance EIC payment (box 9). than one state, enter an “X” under “State” and do not enter any state ID number. Amounts reported on Forms W-2, and W-3, and Forms Boxes 16—19. Enter the total of state/local wages and 941, 943, 944, CT-1, and Schedule H (Form 1040) may not income tax shown in their corresponding boxes on the match for valid reasons. If they do not match, you should Forms W-2 included with this Form W-3. If the Forms W-2 determine that the reasons are valid. Keep your show amounts from more than one state or locality, report reconciliation in case of inquiries from the IRS or the SSA. -15- |
Form W-2 Reference Guide for Box 12 Codes (See the box 12 instructions.) A Uncollected social security or RRTA tax on J Nontaxable sick pay S Employee salary reduction contributions tips under a section 408(p) SIMPLE B Uncollected Medicare tax on tips K 20% excise tax on excess golden T Adoption benefits parachute payments C Taxable cost of group-term life insurance L Substantiated employee business expense V Income from exercise of nonstatutory over $50,000 reimbursements (federal rate) stock option(s) D Elective deferrals under a section 401(k) M Uncollected social security or RRTA tax on W Employer contributions (including cash or deferred arrangement (including a taxable cost of group-term life (for former employee contributions through a SIMPLE 401(k) arrangement) employees) cafeteria plan) to an employee’s Health Savings Account (HSA) E Elective deferrals under a section 403(b) N Uncollected Medicare tax on taxable cost Y Deferrals under a section 409A salary reduction agreement of group-term life insurance over $50,000 nonqualified deferred compensation plan (for former employees) F Elective deferrals under a section P Excludable moving expense Z Income under section 409A on a 408(k)(6) salary reduction SEP reimbursements paid directly to employee nonqualified deferred compensation plan G Elective deferrals and employer Q Nontaxable combat pay AA Designated Roth contributions under a contributions (including nonelective section 401(k) plan deferrals) under a section 457(b) deferred H Elective deferrals under a section R Employer contributions to an Archer MSA BB Designated Roth contributions under a 501(c)(18)(D) tax-exempt organization section 403(b) plan plan Index A Golden parachute payments .................. 6, 12 S Adoption benefits ........................ 4, 10, 13 Government employers ...................... 6, 14 Scholarships ................................... 7 Advance EIC payment ......................... 11 Group-term life insurance ................ 6, 10, 12 Shipping and mailing ........................... 3 Agent reporting ................................ 4 Sick pay ................................ 7, 12, 15 Agricultural employers ....................... 6, 14 H Signing bonuses .............................. 10 Allocated tips ................................. 11 Health Savings Account (HSA) ................ 6, 13 SIMPLE retirement account ............ 7, 10, 12, 13 Archer MSA ............................ 4, 10, 13 Help .......................................... 1 Social security number .......................... 9 Household employers ........................ 6, 14 Social security number (SSN) .................... 4 C How to complete Form W-2 ...................... 9 Social security tax withheld ..................... 10 Calendar year basis ............................ 9 How to complete Form W-3 ..................... 14 Social security wages/tips .................. 10, 11 Clergy ........................................ 4 How to get forms and publications ................ 2 State and local tax information .................. 14 Codes for box 12, Form W-2 .................... 11 Statutory employee ........................ 10, 13 Corrections and void Forms W-2 ............... 4, 9 I Successor/predecessor employers ............... 7Substitute forms ................................ 1 Income tax withheld ....................... 10, 15 D DeceasedDependentDeferred compensationemployee’scare benefitswages...............................................................10,11155 LLost Form W-2 ................................. 6 TaxpayerTTerminatingidentificationa businessnumbers.........................(TINs) ...........7 4 Designated Roth contributions ................ 5, 10 Tips ................................. 9, 10, 11, 12 Due date(s) .................................. 1, 3 M Medicare tax withheld .......................... 11 U EEarnedEducationalElectiveElectionincomedeferralsworkersassistancecredit.............................................................notificationprograms..............................5125,110 MilitaryMovingMedicareMultipleemployersexpensesFormswagesW-2and.....................................................issuedtips .......................to employee11,7,1413...........109 UncollectedUncollectedUndeliverableUSERRAinsurancecontributionstaxestaxes...................................FormsononW-2group-termtips.................................................................life138, 12,12314 Electronic reporting ........................... 1, 3 N Employee business expense reimbursements .... 5, Nonqualified deferred compensation plans ...... 1, 7 V 10, 12 Nonqualified plans ......................... 11, 15 Void Forms W-2 .............................. 4, 9 Employee’s taxes paid by employer ........... 6, 10 Nonstatutory stock option(s) .................... 13 Employer identification number (EIN) ....... 4, 9, 14 W Errors, common ................................ 2 P Wages ........................................ 9 Extension to file/furnish Form(s) W-2 ............. 3 Penalties ...................................... 8 When and where to file .......................... 3 When to furnish Forms W-2 to employees ......... 3 F R Who must file Forms W-2 and W-3 ............... 2 Fellowship grants ............................... 7 Railroad employers .......................... 7, 14 Fringe benefits ............................... 6, 9 Reconciling Forms W-2, W-3, 941, 943, 944, CT-1, ■ Furnishing Forms W-2 to employees .............. 3 and Schedule H (Form 1040) ................. 15 Reissued Form W-2 ............................ 6 G Religious workers .............................. 4 Getting forms, publications, and help ............. 2 Repayments, wages received in error ............. 7 -16- |