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W2 Penalties
September 25, 2026

What a W-2 Correction Can Cost a Business: Penalty Exposure and Payroll Error Costs

A single mismatched SSN or incorrectly entered wage amount can mean filing Form W-2c with the SSA, furnishing a corrected copy to the employee, and facing potential penalty exposure under two separate provisions, before accounting for the staff time required to investigate and correct the error. Published summaries commonly focus on the IRS penalty tiers while excluding the business costs associated with investigating and processing an error. This piece lays out the potential penalty exposure under federal law alongside general payroll-error cost data, and is explicit about where the two data sets do and don't overlap.

Our team compiled data from IRS revenue procedures, SSA guidance, and independent payroll research. The figures below separate two things that are often blurred together: statutory penalty exposure under IRC Sections 6721 and 6722, and general payroll-error cost data that was not specific to W-2 corrections. Amounts reflect penalties in effect for returns required to be filed in 2026 and 2027.

W-2 Correction Penalty Tiers: Tax Year 2025, Filing in 2026 - Tax Year 2026, Filing in 2027

The table below shows the per-form penalty the IRS may assess under Section 6721 (the copy filed with the Social Security Administration) and Section 6722 (the copy furnished to the employee). The current General Instructions for Forms W-2 and W-3 list the exact amounts for each filing year. The tier depends on how quickly the employer files a correct Form W-2c measured from the original required filing or furnishing date, not from when the error was discovered. Both sections can apply to the same underlying W-2 error, though penalties may be reduced or waived entirely under reasonable-cause or de minimis correction rules.

Correction Window (from required filing/furnishing date)Tax Year 2025, Filing in 2026 Penalty per FormTax Year 2026, Filing in 2027 Penalty per FormApplies Under
Corrected within 30 days$60$60IRC §6721 and §6722 (each)
Corrected by August 1$130$130IRC §6721 and §6722 (each)
Corrected after August 1 or not filed$340$340IRC §6721 and §6722 (each)
Intentional disregard$680 minimum, no annual cap$690 minimum, no annual capIRC §6721(e) and §6722(e)

Assuming both sections apply to the same underlying W-2 error and no relief is available, potential exposure per affected employee starts at $120 at the fastest penalty tier. Intentional disregard carries a minimum combined exposure of $1,360 for Tax Year 2025 (filing in 2026) or $1,380 for Tax Year 2026 (filing in 2027) when both sections apply, with no annual cap. The actual intentional-disregard penalty can be higher, since certain failures are subject to percentage-based minimums.

Annual Penalty Caps by Business Size

Sections 6721 and 6722 each have a separate annual cap. The table shows the cap under one section; where both sections apply, each cap operates independently. The cap is lower for businesses with average annual gross receipts of $5 million or less, which mainly affects businesses correcting a high volume of forms in one filing cycle.

Filer Size30 Day CapAugust 1 CapStandard/Uncorrected CapIntentional Disregard
Small filer (≤$5M receipts)$244,500$698,500$1,397,000No cap
Large filer (>$5M receipts)$698,500$2,095,500$4,191,500No cap

Figures reflect Revenue Procedure 2025-32 for returns required to be filed in 2027. Sections 6721 and 6722 caps mirror one another and apply independently, so a filer with errors on both the SSA copy and the employee copy of the same forms is exposed under each schedule separately.

General Payroll-Error Cost Data (Not W-2-Specific)

The figures below come from Ernst & Young's 2022 survey of payroll professionals at U.S. companies with 250 to 10,000 employees. This research measures the combined direct and indirect cost of a general payroll error across all error types (time and attendance, benefits deductions, tax withholding, and others), not the cost of correcting a W-2 specifically. Treat the figures as an illustrative reference point for the combined direct and indirect cost of general payroll errors, not as a per-W-2 correction average.

Cost ComponentEY 2022 FigureNotes
Weighted average cost per payroll error$291$281 in direct cost (overpayments or compensation paid to resolve the error) plus $10 in indirect labor, weighted by error frequency across the error types EY surveyed
Payroll accuracy rate across surveyed companies80.15%Meaning roughly 1 in 5 payrolls contained an error in the period studied
EY FindingResult
Companies reporting payroll-related litigation issues14%; affected companies averaged $3,200 in direct costs and 29 internal hours
Companies reporting payroll-related regulatory/compliance issues14%; affected companies averaged $5,200 in fines, $4,600 in additional legal costs, and 91 internal hours

Applied as a general illustration across all payroll error types, 12 errors at this average cost would total roughly $3,492 in combined payroll-error costs, on top of any IRS penalty under Sections 6721 or 6722.

Combining Penalty Exposure with Illustrative Payroll-Error Cost

The table below is a hypothetical scenario, not an observed cost. It applies EY's general $291 per-error figure to the Tax Year 2025 penalty tiers (filing in 2026) to show how the two cost types could stack if both Section 6721 and Section 6722 penalties arose from the same underlying W-2 error and no relief was granted.

Correction WindowPenalty Exposure (Both Sections)+ Illustrative General Payroll-Error CostHypothetical Total per Affected Employee
Within 30 days$120$291$411
By August 1$260$291$551
After August 1$680$291$971
Intentional disregard (minimum, Tax Year 2025, filing in 2026)$1,360$291$1,651

These totals assume the stated statutory tier applies to every affected form. Actual results may be lower when a correction is completed before the applicable filing or furnishing deadline, relief provisions apply, or only one section's penalty is assessed.

Factors That Affect Correction Speed and Cost

  • Electronic-filing rules depend on the number and types of information returns being filed. SSA specifically requires electronic filing when a business expects to file 10 or more W-2c forms during a calendar year, unless an applicable waiver or exemption is granted.
  • SSA guidance identifies incorrect names and Social Security numbers as a common source of earnings-record mismatches, which can be checked in advance using SSA's verification tools before filing.
  • The SSA's standard window for correcting an employee's earnings record is 3 years, 3 months, and 15 days after the year the wages were paid, though exceptions exist. Filing outside that window does not by itself establish intentional disregard, which requires knowing or willful conduct.
  • Reasonable-cause relief exists under IRC Section 6724 when an employer can establish significant mitigating factors or events beyond its control and demonstrate that it acted responsibly before and after the failure. Eligibility is determined case by case rather than through a fixed checklist.

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Sources

  1. Yearli by Greatland, "What a W-2 Correction Can Cost a Business: Penalty Exposure and Payroll Error Costs," Grand Rapids, MI, 2026
  2. IRS, "General Instructions for Forms W-2 and W-3 (2026)," irs.gov
  3. IRS, "Information Return Penalties," irs.gov/payments/information-return-penalties
  4. IRS Revenue Procedure 2025-32, inflation adjustments for returns required to be filed or statements furnished in 2027 (IRC §6721/§6722 penalty tiers and annual caps)
  5. Social Security Administration, "How do I file W-2s, W-2Cs, and W-3s for my employees?" ssa.gov
  6. Social Security Administration, "Helpful Hints to Forms W-2c/W-3c Filing," ssa.gov/employer/w2cinfo.htm
  7. Ernst & Young, "Cost and Risks Due to Payroll Errors" (2022 survey, 508 respondents at U.S. companies with 250–10,000 employees), eyquest.com

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