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Thanks for the response, Kris.  This occurred for Dec of 2022, for which I will need to file an amended return.  All of 2023, for which returns have not yet been filed, and Jan of 2024, which we can get rectified fairly easily.

 

I get the W2C.  From what I understand after reading various publications and articles, the employer should file any necessary paperwork to get back the excess contributions from the various Federal, State and Local agencies, as well as the incorrect contributions to the 401k.

 

As an example, say she was paid $100,000 and should have been paid $40,000.  That's an overpayment of $60,000 gross wages.   After the company withheld taxes and 401k contributions, she received a net amount of $60,000, when she actually should have received $24,000.   We understand that she was overpaid and the Company should receive the money back, but it should be the difference of the net received, vs. the net she should have received, or $60,000 - $24,000 which is $36,000.  We shouldn't be on the hook for the gross overpayment difference of $60,000, since we didn't receive that amount.  Should the employer file the paperwork to get refunds from the various entities that were overpaid based on the incorrect wages?