Things were chaotic and extremely stressful, and I did end up filing my taxes on 1-31-24. I understand that may have complicated my return since my spouse's employer did not send me the correct form, but that is what I did to avoid an under-payment penalty because TT seemed to indicate I needed to do that and I was afraid not to considering both the Federal and State estimated taxes were late.
Meanwhile, on Friday afternoon, my spouse's employer finally responded to me about the bonus reported incorrectly to my spouse in 2023 and that had all the taxes removed including fed, state, Medicare, and Social Security. Here is part of their response:
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"Payroll will correct [your spouse's] 2023 W-2 to zero earnings and taxes. We will send you a copy of the W2c (correction) once it has been processed.
Once you provide us with a W-9, we will request AP to issue a check for the taxes withheld in 2023. The AP check and 1099-MISC form will be dated 2024."
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However, I already filed my taxes as if I received the income in my name and ssn on the appropriate 1099-MISC. I reported the amount on the W-2 Box 1 as the amount in Box 3 of the 1099-MISC. And, the fed and state taxes that were reported by the employer on the incorrect W-2 for my spouse, I reported on TT as my 1099-MISC taxes in Box 4 and Box 16.
The employer is wanting to send me a corrected W-2 for 2023, I guess to show that my spouse did not have earnings this year. But, they failed to say if they would send me a 1099-MISC for 2023 in my name and SSN.
Q1. Should I insist (or clarify) that they send me a 1099-MISC for the 2023 tax year in my name and SSN? What if they refuse?
And, they want to send me the refund of the Medicare and social security taxes as income to me in 2024.
Q2. Is that the way it should be handled?
