@koursaros wrote:
@Opus 17 it seems that my case falls under the last paragraph in your comment. Since they reduced Box 3 and 5 wages and also reduced Box 4 and 6 taxes, I will ask for a direct refund to me, a corrected W-2 (W-2 C) or a statement confirming the over-collection.
You don't necessarily need a corrected W-2 (W-2C).
Since you now presumably have pay stubs showing that you had (let's imagine) $7000 of SS tax withheld, but your W-2 shows you only had $5200 of SS tax withheld, I would ask what happened to the other $1800 that was very clearly withheld, but not credited to your account. (And similarly for the Medicare tax.) They withheld it, according to their own W-2 they should not have withheld it, so it should come to you as a refund. Get your correspondence in writing, so that you can take that to the IRS if needed, along with copies of your pay stubs and so on.
Alternately, they could issue a W-2C showing the revised (minus the payback) box 1 and box 16, but showing the original box 3-6. That would support your claim for a refund on form 843.
If they refuse both a refund and a corrected W-2, you may have a legal case against them, and I would start by complaining to your state's wage and hour (labor) regulatory agency. You can still apply for a refund of the SS and medicare tax using form 843 but it will be harder to prove your case with the W-2 you currently have.
