What If Employers Don’t Report Wages To Social Security?

My Employer Did Not Report My Wages to Social Security
September 1, 2023

By Steve Fields
Principal Attorney

The elderly, disabled, and survivors of workers who have passed away can get monetary assistance through a federal program known as Social Security Disability Insurance (SSDI). Gathering wage information from businesses is one of the main elements of the Social Security Administration’s (SSA) program. The law mandates that employers record employees’ pay to the SSA, but what happens if they don’t?

Employees’ failure to submit tax payments to the Social Security Administration may result in errors in a worker’s earnings history and impact their eligibility for benefits under the retirement system. Employers must comply with this requirement because the Social Security Administration uses correct employer pay reporting to determine benefits.

Employers may face fines and legal repercussions if they fail to submit employees’ salaries to Social Security. In this post, we will look at the effects of employers failing to submit wages to the Social Security Administration.

Employer Obligations

By law, employers must inform the SSA of all employee earnings. It covers wages paid to contract workers, freelancers, self-employed people, and full- and part-time employees. Form W-2, a record that summarizes an employee’s earnings and taxes withheld for the year, is required for employers to use when reporting pay. Businesses are required to supply a copy to each employee. 

Additionally, employers are responsible for paying Social Security and Medicare taxes on behalf of their workers and filing Form 941 with the SSA to record these payments.

Consequences For Employers

Employers risk severe fines if they fail to disclose wages to the Social Security Administration. Depending on the company’s size and how long the earnings went unreported, there are different penalties for failing to declare pay.

For instance, a penalty of $50 per employee per month may be imposed on firms with fewer than 50 employees who fail to record earnings for some time shorter than six months. However, employers with more than 250 employees may be subject to a $500 per employee per year fine if they fail to submit earnings for more than six months.

Employers who fail to submit wages to Social Security may be subject to fines and judicial action. Employers who violate reporting requirements may be subject to legal action by the Social Security Administration. It may even involve criminal charges, fines, and court orders in extreme circumstances. 

Consequences For Employees

The repercussions for employees of an employer failing to disclose wages to the Social Security Administration can be severe. Employees might not receive the social security benefits to which they are entitled, which is one of the main negative effects. 

The calculation of social security payments is based on a person’s history of earnings. As a result, if those earnings are not reported, the calculation of benefits will be incorrect.

What Happens If You Don't Report Income To Social Security

Additionally, it may be challenging for employees to be accepted into other government programs whose eligibility is based on prior wages. 

For instance, Medicaid and Supplemental Security Income (SSI) eligibility are determined by income and assets that are computed using earnings history. Employees may find it challenging to demonstrate their eligibility for these programs if wages are not disclosed and their tax contributions are not reported to the SSA.

Steps Employees Can Take

There are actions a business can take to resolve the situation if they neglect to submit wages to the Social Security Administration. Reporting unpaid wages as soon as possible is the first step. Employers can submit an updated Form W-2 or Form 941 to achieve this. 

Employers should fix reporting mistakes as quickly as possible to avoid further fines and legal action.

Employers can also act to ensure they are following pay reporting standards. It entails putting systems and procedures in place to accurately record wages and taxes, educating staff members on the requirements, and, if required, enlisting the aid of a payroll service provider or tax expert.

Importance Of Accurate Wage Reporting

Accurate wage reporting is essential for the Social Security Administration’s program to run smoothly. The Social Security Administration uses wage information to determine how much a person would receive in retirement, disability, and survivor benefits. 

An individual’s earnings history may differ due to inaccurate income reporting, which could mean they get fewer Social Security benefits than they are legally entitled to. An individual’s financial benefits in retirement, or in the event of disability or death, may be significantly impacted by this.

Employers must make sure that they accurately and promptly disclose employee earnings. Additionally, workers should routinely check their earnings history to ensure that their pay has been accurately reported. 

Working collaboratively, employers and workers can ensure that the SSA receives correct salary data, ensuring that everyone receives the Social Security benefits to which they are legally entitled.

Social Security’s Efforts To Ensure Accurate Wage Reporting

Numerous efforts and programs have been put in place by the Social Security Administration to promote accurate salary reporting and ensure that companies comply with their reporting duties. One such program is the Employer Service Liaison Officer (ELSO) program.

As part of this program, the ELSO assists companies in understanding their wage reporting responsibilities and resolving any related concerns. Employers can enhance their pay reporting procedures with the assistance of ELSOs, who also offer training and instruction.

The electronic Wage Reporting (EWR) program, which enables companies to submit their wage information to the SA electronically, is another endeavor; with the help of this program, wage reporting will be more precise and efficient, and wage data will be free of mistakes and inconsistencies. 

The SSA is working to guarantee that accurate wage data is reported to the organization by putting these programs and efforts into place. It will help ensure that people receive the Social Security payments to which they are legally entitled.

Social Security Reporting Wages

The Importance Of Professional Assistance For Employers

Employers should obtain expert assistance if necessary because reporting employee salaries to the Social Security Administration can be difficult and time-consuming. 

To ensure that they are appropriately reporting wages and to better understand their reporting requirements, employers may need to seek assistance from a payroll service provider or tax expert; an expert may also assist businesses in putting systems and procedures in place to enhance their pay reporting procedures and prevent fines and legal action. 

Employers who ensure they comply with pay reporting standards can avoid the negative effects of failing to report wages accurately and on time by getting professional advice when needed.

Conclusion

A violation of the law requiring employers to report employee pay to the Social Security Administration might have substantial repercussions for both employers and employees. Employees may not get the social security benefits to which they are entitled, and employers may be subject to fines and legal action.

Employers and employees should both be aware of the reporting requirements and take action to resolve any problems that may develop. They can jointly guarantee that salary reporting requirements are followed and that everyone who pays into the system receives the social security benefits to which they are entitled.

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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