How Information Return Penalties Will Affect Your Year-End Planning

October 8, 2022
People looking at computer

Information returns, including W-2s and 1099s, are an important piece of year-end planning. If these forms are not filed correctly, there can be substantial penalties for your organization. This includes penalties for late filing or missed deadlines, incorrect submission of information or missing information.

Why Information Return Penalties Occur

There are two separate penalties your business can face for information returns.

1. Penalties for not filing correct information returns may apply to you if:

  • You didn’t file by the necessary due date and you don’t show reasonable cause for why your return was late.
  • You were supposed to file electronically, but you filed on paper instead.
  • You didn’t report a Tax Identification Number (TIN) or reported an incorrect TIN.
  • You filed paper forms that weren’t machine readable. 

2. Penalties for not providing correct payee statements may apply to you if:

  • You didn’t provide correct payee statements by the necessary date and don’t show reasonable cause for why you missed the deadline.
  • You didn’t provide all the necessary information on the statement.
  • You provided incorrect information on the statement.

Preventing Information Return Penalties from Occurring

There are different filing requirements based on what type of form you’re filing.

W-2 and W-3
Employers must send Copy A of Forms W-2 and W-3 to the Social Security Administration by January 31, 2023. This is for both paper and electronic forms.

Employers must give Copy B and any other applicable copies to the employee by January 31, 2023.

Businesses must send Copy A of Form 1099-NEC to the IRS and Copy B and any other applicable copies to the recipient by January 31, 2023.

Businesses must send Copy A of Form 1099-MISC to the IRS by:

  • February 28, 2023, if filing by paper.
  • March 31, 2023, if filing electronically.

Payers must provide Copy B and any other applicable copies to the recipient by January 31, 2023.

There are several other types of information returns that may be required to be filed by your business.

Filling out the correct information takes time. Make sure to walk through each form and box to ensure you have the correct information listed for that specific section.

Get tips for how to fill out W-2 & 1099 forms correctly the first time.

What an Information Return Penalty Could Cost You

Information return penalties will vary depending on when the return was due, how late it was filed and the size of your business based on gross receipts.

Why Information Return Penalties Matter

These forms can’t be rushed; they take time to fill out. There can be substantial penalties for not filling them out correctly and not submitting them to the proper parties by the necessary due dates. 

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About the Author


Jillian Robison, CPA

National OMS Sr Manager
Jillian has been with the firm for over 16 years and has over 20 years of experience working with small businesses on their accounting and compliance reporting needs. She helps prepare staff to assist clients with their business issues. She works closely with the Business Outsourcing and Strategy group to assist with staff training, certifications and overall understanding of our clients and work. She also teams up with staff across the firm to train clients, so they can do more in their business.