Multiple W2s from same employer with total social security withholding is way more than the limit? Employers doesn't want to fix it

[elghzali]

Hello I received 4 W2 from my previous employer and all the W2s have the same EIN number and the total amount of social security withholding is way more than the annual limit. 

Employer explanation is: The W2 are issues from payroll consolidator which show the same EIN number however the actual work is for subsidiary companies which have different EIN. They claim if they give me a refund or updated W2C then they will break the tax withholding laws since it was  withheld under different EINs. 

How to resolve. Please help.

[DanielV01 · Accepted solution]

You want to claim it on your tax return, and the excess Social Security should reflect as a credit on Schedule 3 of Form 1040.  The IRS will likely question the claim, but then you will be able to send in copies of your W2's with documentation of what your employer explains.  They are probably not correct in their position, but regardless, if they are not going to cooperate, this is your option to get the excess withholdings refunded.

[elghzali]

I have TurboTax  home and business and it calculating the access social security for the other employers (Different EINs and W2) however TurboTax is not claiming the access social security withholding from same employer with multiple W2s and says Employer has to fix the over withholding and issue me a refund. So, how to explain that on the 1040? 

[DMarkM1]

For excess social security withholding from a single employer you will need to correct the W2 box 4 amount in TurboTax and then complete a form 843 to claim a refund of the excess.  You will mail in that form 843 separately.  

Here is a link with more detailed instructions.