Excess social security multiple employers same EIN

[roomaroo]

How do I get turbotax to recognize my w-2 are from different companies even though they have the same EIN number so that I can get my excess social security witholding refunded?

[MayaD]

If both W-2 have the same EIN, you can't get TurboTax to recognize that your W-2s are from different employers. Contact the payroll company to check if EIN numbers can be corrected. If not, you need to file Form 843 Claim for Refund and Request for Abatement.

[SteamTrain]

Yep.......if it is a single payroll company that provided the W-2 for each employer...then you may be stuck mail-filing.  

TTX stopped covering  the ability to  e-file that situation ~2 years ago.

[chrisnuggets]

Hi just confirming because I am in the same situation with excess SS taxes withheld due to changing roles within a company and divisions being recognized as different legal entities but with same EIN on both W2's.

We only need to fill out form 843 but not put any amount in form 1040 schedule 3 line 11? Or do I fill out 843 AND also put the excess SS amount in 1040 Schedule 3 Line 11? And if form 843 needs to be processed, TurboTax cannot e-file?

TurboTax is not letting me distinguish I had multiple employers due to the same EIN used on both W2's and so it is saying I need a W2c for which my employer is not able to produce. Therefore I'm not sure if I need to do one, or both of the above steps.

Thanks for your clarification and help

[DianeW777]

No, do not put the amount on your Form 1040. This is allowed when you have two different employers with different EINs.

Instead complete Form 843 to obtain your refund for the overpayment of your social security and medicare tax by the same/one employer/EIN.

Be prepared with the following statement:

Attach a statement from the employer. The statement should indicate the following.

• The amount, if any, the employer has repaid or reimbursed you for excess taxes withheld.

• The amount, if any, of credit or refund claimed by the employer or authorized by you to be claimed by the employer.

The employer should include in the statement the fact that it is made in support of your claim for refund of employee tax paid by the employer to the IRS.

If you cannot obtain a statement from the employer, you should attach a statement with the same information to the best of your knowledge and belief and include in the statement an explanation of why you could not obtain a statement from the employer. Attach a copy of your Form W-2 to prove the amount of social security, Medicare, or RRTA tax withheld.

• Form 843 Instructions
• Where do I mail this form? (click on your state)

@chrisnuggets

[chrisnuggets]

Hello,

Thanks for your reply. The PEO / Common Pay Agent and company provided employees with a letter to claim the excess on form 1040 rather than form 843. Can I still e-file if I need to attach the statement letter from my employer? And can I still get TurboTax to allow 1040 schedule 3?

The excerpt from my employer letter below: 

"This letter is being written on behalf of our employee to assist in claiming a refund for overpaid
social security taxes in multiple legal entities. The employee is a recipient of multiple W-2’s from
[Paying Agent] is acting as a Common Pay Agent for
multiple employers and pays social security wages for more than one employer in excess of the
wage base to an individual.

As instructed by the IRS: a Common Pay Agent provides the following information in box C of
form W-2:

Line 1: Paying Agent  (Name of Agent)
Line 2: Agent for: (name of each employer)
Line 3: Address of Employer
*As required each form W-2 reflects the EIN of the agent in box B.
Both W-2’s reflect the Common Pay Agent EIN of the Paying Agent
Inc

As an acting common pay agent it is generally not the responsibility of the agent for
refunding excess social security tax on employees. If an employee worked for more than
one employer during 2021 (as identified on Line 2 of box c) and had more than
$8,853.60 in social security tax withheld, he or she should claim the excess on the
appropriate line of Form 1040 or 1040A. "

[DianeW777]

To make sure I am clear and we are both on the same page - If TurboTax is automatically including the social security and medicare overpayment on your return, (Schedule 3), then there is not reason to mail Form 843. Keep the statement in your records should the IRS inquire later.

You can e-file your tax return, but the Form 843 is independent and will be mailed to the IRS separately if you need to complete it. It's very important that you sign this form.  Include your W2s and your statement. The statement looks perfect so be sure to include that with your Form 843 should you need to mail it.  You can send that as soon as you have it ready. 

Do not include the amount on Schedule 3 with your tax return if you mail Form 843. 

[chrisnuggets]

Unfortunately TurboTax is not allowing me to fill out Schedule 3 1040 because the EIN is the same. If I change the EIN on my W2 it automatically registers the credit on Schedule 3 1040. I'll have to file by mail with the 1040 Schedule 3 filled out and provide the letter as proof of the instructions provided to claim the refund through 1040 Schedule 3 rather than Form 843 it seems.

What a pain.

[BCT]

Hi DianeW777,

I have the same situation as chrisnuggets.

To be clear, is the advice to...

- efile my 1040 and overpay at the point of efile and then to

- mail in the form 843 requesting the rebate?

or

- mail in the 1040 and the 843 together, overpay at the point of mailing and await a rebate?

or 

-other?

[AnnetteB6]

If you have two W-2s with the same EIN that is resulting in your overpaying Social Security tax, then you will not be able to claim the excess amount on your tax return.  Instead, you will need to file Form 843 separately to receive the refund of the overpayment.

You can still electronically file your return after adjusting your W-2 as explained in the TurboTax help article below.  Take a look at the section for Single Employer and then the section for What if my employer can't or won't cooperate?  The article also explains the procedure for filing Form 843 by mail after filing your return electronically.

Can I get a refund for excess Social Security tax withheld?

@BCT

[terryhackshaw]

Under a Common Pay Agent - the employer is reporting multiple legal entities under 1 EIN number.  The entities have their own EIN numbers, but the IRS allows the company to report under 1 for filing purposes - the employees receive 2 W-2s with the same EIN number, but the company name is different to represent the 2 different entities.  Employers are required to restart the Social Security wage base when an employee changes companies - the employee is eligible for the refund for any excess, but the company is not.  Turbo tax should have the Common Pay Agent/PEO listed as an option when entering the W-2s to show that an excess refund should be processed on the 1040.  It should not be done through the employer and it should not require an 843.  The tax software should treat the Common Pay Agent agreement as if it is 2 different employers - since it is two different entities.  How can we request this update to the software?

[psanchez1]

where do we send the for 843 for excess social security in state of Florida

[DawnC]

The service center where you would be required to a file a current year tax return for the tax to which your claim or request relates.   Click on Florida in this link and use the address for Form 1040.  @psanchez1