Ill. Admin. Code tit. 86 § 100.7200

Current through Register Vol. 48, No. 45, November 8, 2024

Section 100.7200 - Reports For Employee (IITA Section 703)

a) In general. Every employer required to deduct and withhold tax under the Act from compensation of an employee, or who would have been required to deduct and withhold tax if the employee's properly claimed withholding exemption had not been in excess of compensation subject to withholding, must furnish to each such employee with respect to the compensation paid in Illinois by such employer during the calendar year, a statement in duplicate containing the following information:

1) The name, address and federal employer identification number of the employer;

2) The name, address and social security number of the employee;

3) The total amount of compensation paid in Illinois;

4) The total amount deducted and withheld as tax under IITA Section 701.

b) Form of statement. The information required to be furnished an employee under the preceding paragraph shall be furnished on an Internal Revenue Service combined Wage and Tax Statement, Form W-2, W-2g or 1099-R, hereinafter referred to as "combined W-2". Any reproduction, modification or substitution for a combined W-2 by the employer must be approved by the Department.

c) Time for furnishing statement.

1) In general. Each statement required by this section to be furnished for a calendar year, and each corrected statement required for any prior year shall be furnished to the employee on or before January 31 of the year succeeding such calendar year, or if an employee's employment is terminated before the close of a calendar year, without expectation that it will resume during the same calendar year, within 30 days from the day on which the last payment of compensation is made.

2) Extension of time. An extension of time, not exceeding 30 days, for furnishing the statements required by this section will be granted without request upon the granting of a similar extension by the Internal Revenue Service or by regulation under the Internal Revenue Code. Any extension of time granted by reason of an extension by the Internal Revenue Service shall be substantiated by the employer maintaining a copy of such federal extension for inspection by the Department.

d) Corrections. An employer must furnish a corrected combined W-2 to an employee if, after the original statement has been furnished, an error is discovered in either the amount of compensation shown to have been paid in Illinois for the prior year or the amount of tax shown to have been deducted and withheld in the prior year. Such statement shall be marked "corrected by the employer".

e) Undelivered combined W-2. Any employee's copy of the combined W-2 which, after reasonable effort, cannot be delivered to an employee, shall be retained by the employer for a period of three years from the date required by subsection (c)(1) above for furnishing the statement to the employee.

f) Lost or destroyed. If the combined W-2 is lost or destroyed, the employer shall furnish two substitute copies to the employee and retain one copy which shall be made available to the Department upon written request. All such copies shall be clearly marked "Reissued by Employer".

g) See Section 100.7300 below for rules concerning the recordkeeping requirements of employers.

Ill. Admin. Code tit. 86, § 100.7200

Amended at 19 Ill. Reg. 1839, effective February 6, 1995