Is there law that if the same company withholds excess FICA, they have to refund me the money along with a corrected W2 ? My co is willing to give me a Common Pay letter

[nirlay]

My company is not willing to give me a corrected W2 and saying that they will give me a Common pay letter and I will have to submit to IRS to get back excess contribution.
Would TurboTax allow me to file tax return without me manually modifying W2 ?

[KathrynG3]

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:

• From the left menu, select Tax Tools
• then Tools and View Tax Summary
• From the left menu, see Preview my 1040
• You will see this on Line 31 "Amount from Schedule 3, line 13" of Form 1040.
• For the details: Scroll nearly to the end, at least 3/4 down to get to Schedule 3.
• There are worksheets shown in the middle of the form. Line 10 will have your excess social security amount. This amount is subtotaled on line 13 and will be added to Form 1040 on Line 31.

[nirlay]

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.

[MaryK4]

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. 

@nirlay

[nirlay]

Would TT allow me file taxes with the two W2s as is ?

[SamS1]

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

Here is a link to Form 843 information on IRS.gov

[nirlay]

Both EINs are the same; that is the issue 

[DMarkM1]

No, the remedy as outlined in the IRS Topic 608 for a single employer error is to file a Form 843. 

[nirlay]

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.

[JohnW152]

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:

• A copy of your Form W-2 to prove the amount of social security and Medicare taxes withheld,
• A copy of the page from your passport showing the visa stamp,
• INS Form I-94,
• If applicable INS Form I-538, Certification by Designated School Official, and
• A statement from your employer indicating the amount of the reimbursement your employer provided and the amount of the credit or refund your employer claimed or that you authorized your employer to claim. If you cannot obtain this statement from your employer, you must provide this information on your own statement and explain why you are not attaching a statement from your employer.
• If applicable, Form 8316, Information Regarding Request for Refund of Social Security Tax Erroneously Withheld on W...

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.