BillM223
Expert Alumni

Retirement tax questions

Whose EIN is on your W-2? Justworks'? 

 

Normally, a PEO (Professional Employer Organization) handle the personnel as their own employees. Since that is the case, the IRS (correctly) considers that you have only one employer - Justworks.

 

In this case, the IRS will not accept the request to refund the request to refund the excess SS tax through your tax return, and neither will TurboTax. In the past, the IRS has sent letters to taxpayers who claimed the refund of excess Social Security taxes on their return when the "two" employers had the same EIN; these letters told the taxpayers to go back to their employer(s) and get the refund from them.

 

TurboTax used to have a mechanism to allow an employee with two employers under one EIN to get the refund in the tax return, but since the IRS cracked down on the practice, TurboTax has removed that feature.

 

This is a Justworks' problem, and you need to explain to them that if you are considered an employee of Justworks (that is why I asked about whose EIN is on the W-2), then it is Justworks' problem to fix. 

 

Otherwise, your only alternative to do as Dawn says and file a form 843 with the IRS.

 

You might note to the Justworks HR people, that the instructions for line 7 of form 843 say "Explain in detail your reasons for filing this claim and show your computation for the credit, refund, or abatement. If you attach an additional sheet(s), include your name and SSN or employer identification number (EIN) on it. Also attach appropriate supporting evidence." (see Form 843 Instructions). 

 

In other words, if Justworks is your employer of record and they will not fix the problem, then you will, in the course of filing form 843 as is your right, be forced to explain to the IRS just why you are in this situation, thus bringing Justworks' behavior to the eyes of the IRS.

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