I have a question about filling out a Form 843 for my situation.
In short, my employer informed me that I was overpaid for the last 5 years. I received a debt letter from them indicating the total gross paid to me (including all taxes withheld) amount and that I need to pay that back to them. I am going to make one lump sum payment to cover the entire debt.
I am trying to figure out what I need to do to have taxes paid on that income refunded back to me.
According to [Publication 17: Tax Guide for Individuals](https://www.irs.gov/pub/irs-pdf/p17.pdf#page=74😉 under *Repayments*, I can either deduct or apply a credit for the federal taxes I paid in the past 5 years on this years return (great!). Although, under *Repaid wages subject to social security and Medicare taxes*, to refund Social Security and Medicare Taxes, I need to fill out a Form 843.
I have a few questions about filling out Form 843. I think this falls:
- Can I request a refund for *all* 5 years? The instructions indicate only being able to go back 2-3 years, but again, this falls under a *Special Situation*.
- Which box do I check in box 4: Employment? Income?
Which box do I check in box 5: 941? 1040?
- Additionally, it states that I need to ask my employer first and they can deny repaying me the excess amounts. I need to show documentation that I asked and they denied the repayment. Would an email of this communication be sufficient or something more formal required (and what would that exactly be)?
- I know this is a lot, thanks for any input/help.
