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Please check out Topic No. 608 Excess Social Security and RRTA Tax Withheld for more guidance from the IRS about excess FICA from the same employer.
For now, enter in your Form W-2's as received. TurboTax will automatically do the rest. You will receive a credit for the Excess Social Security or Tier I RRTA tax withheld.
To see this in your return, follow these steps:
In normal circumstances, TT will take care of putting the excess FICA withholding into the refund. But in my case, both W2s have the same EIN and hence TT is not doing that. It is recommending me to get the refund filing Form 843.
I wonder if it is legal to trick TT to add the two W2s ( e.g. add Box 1 from both W2s ....), then TT will see it as one W2 and put the excess in the refund.
Unfortunately, you should NOT try to trick TurboTax on this one- the IRS not only issued guidance (Topic No. 608 Excess Social Security and RRTA Tax Withheld), there was also another user who did so back in 2017 and the IRS computer caught it and did not allow him to take the amount as a credit for taxes paid. See CP2000 Overpaid Social Security.
Would TT allow me file taxes with the two W2s as is ?
If your employer will not refund you the excess FICA withheld, you can file the Form 843, Claim for Refund with the IRS to get it back that way. Unless your employer changed EINs in the middle of the year. Then TurboTax will recognize the W-2s from 2 employers and you will get the credit on your tax return. Check the EIN number on both W-2s to see if they are the same or different.
Click here for more information on how to handle Excess FICA Withholding in TurboTax
Both EINs are the same; that is the issue
No, the remedy as outlined in the IRS Topic 608 for a single employer error is to file a Form 843.
Thanks. If there is no law related to that, I do not have any argument to fight my case with my employer to do things correctly.
Here are relevant procedures for filing Form 843, according to Refund of Taxes Withheld in Error on the IRS's Social Security Tax / Medicare Tax and Self-Employment page:
If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund.
If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843, Claim for Refund and Request for Abatement. Attach the following items to Form 843:
File Form 843 (with attachments) with the IRS office where your employer's Forms 941 returns were filed. You can locate the IRS office where your employer files his Form 941 by going to Where to File Tax Returns.
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