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Level 2
posted Apr 5, 2021 7:36:06 AM

Employer refuses to provide W-2c for social security tax overpayment

I had 2 employers last year.

Employer 1 issued a W-2 with $8,537 in ss tax withheld;

Employer 2 issued a W-2 with $8,537 in ss tax withheld;

Employer 1 issued a second W-2 with $3,268 in ss tax withheld (from an RSU that got triggered in December)

 

Turbo tax tells me that I am getting a tax credit of $8,537 for the extra ss tax Employer 2 collected, but that for the $3,268 overpayment I must ask Employer 1 for a refund and a corrected W-2. Employer 1 is refusing to do this. 

What should I do???

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1 Replies
Expert Alumni
Apr 5, 2021 7:54:12 AM

The employer is required by law to provide accurate tax documents for themselves and their employees.  You can call the IRS at 800-829-1040 and have them issue a W-2 complaint to the employer.  The IRS will send a letter requiring that they reissue a correct W-2 within 10 days with a penalty for failure to comply.  

 

If your employer doesn't comply, you can file a conventional paper return that includes IRS Form 4852 if all efforts to obtain a W-2 or corrected W-2 from your employer have failed.

 

Here's how to fill one out:

  1. Open your return and search for W-2. Select the Jump to link in the search results to get to the W-2 entry screen.
  2. Fill out your W-2 as best you can using the information from your last pay stub.
  3. Answer any questions until you get to the Let's check for uncommon situations screen.
  4. Check the box next to Didn't get a W-2 and select Continue.
  5. On the Let's check if you need a substitute W-2 screen, select Yes then Continue.
  6. Answer the follow-up questions. Select Print to download and print your IRS Form 4852.

Note: There may be a delay in any refund due while the information is verified.