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@GregAllum11 wrote:

No legal action. I signed a mutually agreeable severance agreement, was a senior exec at the organization they decided to go a different direction and agreed to pay the equivalent of 3 months salary.

No taxes have been paid on this as it was a direct deposit into my bank account. 


Severance is required to be on your W-2, and they are required to withhold their share of FICA and medicare tax.

 

Start by sending a certified letter asking them to issue a corrected W-2.

 

If they refuse, you can file by reporting this as "income that was not on my W-2 but should have been".  You will pay the employee share of social security and medicare, but not self-employment tax.  You will also owe income tax, of course, and depending on the amount, you might owe a penalty if you did not make an estimated tax payment.

 

I want to double-check the procedure for adding this type of income so it doesn't double your regular income as well.  I will try to get back to this tomorrow.