W-2 and 1099 Filing Penalties
As an employer or in some cases, because you own a business, you are required to file and furnish various forms to the Social Security Administration (SSA), the IRS and your recipients to report items like wages and non-employee compensation. Information reported on forms W-2 and 1099 is essential for your business and your recipients to comply with income tax reporting obligations. To highlight the importance of timely filing these forms with the SSA, the IRS and furnishing a copy to your recipients there are penalties for failing to complete these tasks by the due date.
Think it’s no big deal to skip filing a Form 1099 – or delay W-2 filing? Those type of decisions could prove to be costly. As the SSA and IRS step up enforcement of filing compliance by large and small businesses, the risk of penalties for mishandling the filing and furnishing of these forms goes up exponentially. If you fail to file a correct 1099 or W-2 by the due date — and cannot show reasonable cause — you may be subject to a penalty.
Specifically, a penalty may apply if a business:
The amount of the penalty, indexed for inflation, is based on the lateness of the form. It’s also imposed per form. The late filing penalty increases with time. For business filings due after December 31, 2025, the graduated penalty amounts and maximum penalty permitted is listed below:
| Form | Tax Year | Up to 30 days | 31 - 8/1 | After 8/1 or not at all | Intentional Disregard |
| 1099 & W-2 | 2025 | $60 Maximum penalty of $239,000 |
$130 Maximum penalty of $683,000 |
$340 Maximum penalty of $1,366,000 |
$680 No Maximum |
Regarding the maximum penalties listed above, the IRS considers you to be a small business if your average annual gross receipts for the three most recent tax years (or period in business, if shorter) ending before the calendar year the forms are due are $5 million or less.
But wait...that’s not all. Penalties apply to both filing and furnishing. Businesses could suffer a double penalty for lack of action. Your obligation to report the information on these forms is a two-step process. Filing to the SSA or IRS is just the first step. Businesses must still furnish a copy of the form to each recipient. If you fail to furnish a copy of the form to the recipient you will be subject to the same penalty amounts as the failure to file fines.
To avoid a late filing penalty, businesses will need to file with the SSA or IRS and furnish a copy of the form to each recipient by the Form W-2 or Form 1099 due date. While furnishing by the deadline is an important step, both the SSA and IRS consider mailing to the recipient by the deadline is acceptable, i.e., the recipient doesn’t have to receive it by the deadline.
In general, most electronically filed 1099s are due to the IRS by the last day of March. However, since the 1099-NEC reports compensation paid to a non-employee the IRS deems that this form is similar to a wage report and thus the due date for the 1099-NEC is the same as the due date for the Form W-2, which is the last day of January.
If any filing due date falls on a Saturday, Sunday, or a legal holiday, you will be considered to have timely filed if you file by the next day that is not a Saturday, Sunday, or a legal holiday.
Updated: 07/18/2025
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