We are still receiving W-2 complaints. Some UT employees have now received 3 or more W-2s for 2011. As noted in earlier newsletters, a number of persons have suggested that the UT-AAUP should file a complaint with the IRS concerning the continuing W2 fiasco.

We have checked with our CPA firm and with our legal counsel and have been advised that the IRS does not have a complaint mechanism or procedure for complaints of this kind. The following was reported to us by our CPA:

"Employers are required to issue W-2's and file them with the IRS. When an employer finds errors it is their obligation to issue corrected W-2's. Preparing and filing corrected W-2's is costly to the employer since they are repeating filings already completed. The result is issuing corrected W-2's causes a problem not only for the employer, but for the employee.

The IRS has no mechanism for filing complaints for these type of issues. There is no penalty or sanction the IRS can impose on an employer for issuing corrected W-2's because the employer must reissue if they discover errors. If the employer did not correct the W-2's, then the IRS could penalize them for not complying with the filing requirements. If you were to contact the IRS, I believe the complaint would be ignored since there is nothing the IRS can do to force the employer to issue a correct W-2 the first time around.

I think your best option is to complain to the UT administration. This is not only causing your members problems and aggravation, but is costing the University money to reissue the W-2's.

I am certain this is not what your members will want to hear, but it is the reality of dealing with the IRS."