My employer withheld excess social security in 2020. I filed form 843. IRS has not responded yet. In 2021, my employer ain withheld excess social security tax -

[nirlay]

what is the best course of action for 2020 and 2021? My employer will not cooperate and issue me with a corrected W2.

[DMarkM1]

The Form 843 is the correct route to getting that refund.  See the instructions for line 7 for the details of information needed. 

Having said that, maybe there is something else going on that with some clarifying information someone could give more specific advice. 

How are you getting notification of excess withholding?  Through TurboTax or your math or your employer?  Is the employer confirming the excess withholding and just not issuing the correction?   Is the employer denying the excess withholding?  Are there others having the same problem with your employer? 

See this IRS FAQ for more information on the current rates and employer guides.    

[nirlay]

I have changed organizations within the same company and my employer has a Common Pay Agent approval from IRS - in that two entities have the same employer ID ( FEIN), but I get issued two w2-s with the same FEIN and the social security deductions start from scratch when the change of organization happens. 

I have mailed IRS form 843 for tax year 2020- it is not in their system yet, I actually sent them twice - the first one was not resolved ( as I did not check a correct box). Now the same story happened for tax year 2021 ( as I changed groups again).

[MarilynG1]

If your employer will not issue a corrected W-2, you can file IRS Form 843 for 2021 also.

However,  the excess Social Security you paid should be included in your refund (or subtracted from tax due). 

The excess will appear as a tax credit on Line 11 of your Form 1040, Schedule 3.

Click this link for more info on Excess Social Security Tax Withheld. 

[nirlay]

Normally excess social security paid gets detected in any tax software, but not in the case of the same employer holding excess tax. If I change employers, excess social security tax comes up in Line 11 in Sch.3 ( that is my understanding).

Filing Form 843 is an asynchronous process than filing 1040. My 2020 Form 843 is still not processed yet.

[RobertB4444]

The IRS is remarkably behind going into this filing year.  They have said that there are over 5 million unprocessed returns backing up their system.  Your 843 is somewhere in there and issuing another 843 means that it just gets in line.  That being said it is the only option available if your employer has no interest in correcting your W2s.