My employee did not withhold my FICA (social security and medicare). I already filed my taxes. What should I do?

[13xieju]

My employee thought I was on student visa and did not have to pay FICA. However, I passed the substantial presence and need to pay FICA. 

I only realized this after I already filed my taxes and my W2 says 0 withheld for FICA. What should I do in this case? Will IRS find out about this? Should I just wait for IRS to respond?

[LisaBr]

You need to speak to your employer to get this corrected for 2018 and going forward.  Also, they need to assist you with resolving this issue for 2017.

Paying FICA and Social Security taxes is not as straight forward as your regular income taxes.  If you make additional tax payments, they need to be directed at Medicare and Social Security in your name. 

I've attached IRS information to assist you in getting this issue resolved with your employer:

https://www.irs.gov/compliance/criminal-investigation/employer-and-employee-responsibilities-employm...

[Edited response below:  03.03.2018  10:29 PM EST]

The IRS will process your tax return the way it is filed now.  If they review and decide to make adjustments, they will send you a letter describing their adjustments.  However, they may continue to process and send you a refund. 

After you receive a corrected W-2, you can amend your 2017 return.  The following information will assist you in amending your return:

Open this TurboTax link and follow the instructions to add your corrected W-2 and amend your tax return.

https://ttlc.intuit.com/questions/1894381-how-to-amend-change-or-correct-a-return-you-already-filed

You especially need to wait until the IRS finalizes your original return and you receive your refund or your payment is processed.

You will mail your amended return to the IRS.  They do not accept electronic amendments.

The following IRS link is very helpful in understanding the amendment process.

https://www.irs.gov/newsroom/amending-your-tax-return-ten-tips

[13xieju]

What about my current filing, the on I sent to IRS already? Do I have to file a1040X? Or do I just talk to my employee and pay all the past FICA without reaching out to IRS?

[LisaBr]

In order to amend your 2017 return, you will need to receive a corrected W-2 from your employer for 2017.  They will also need to determine how to take care of this for last year.  There is nothing you can do until your employer resolves this issue.

[13xieju]

Sorry, Lisa. I am trying to understand this correctly. Last year, it didn't matter because I was on student visa. I am only worried about the current filing for 2017. So when I receive a corrected W-2, do i need to send this to IRS myself? Is my tax return going to be delayed?

[LisaBr]

I've added additional information in answer above that should clarify your questions.

[13xieju]

So I should just wait until IRS processes the refund that I filed and gives me the refund. After that, I then file an amended refund. Correct? Or I have to send the amended refund as soon as possible?

[LisaBr]

Per the information above, you need to wait until IRS processes original return.  Then send amendment after entering corrected W-2.

[13xieju]

Thank you Lisa! Appreciate it!

[samjujian]

I have a similar situation except that I need to correct for withholdings - or rather the lack of - in 2015 and 2016. I was told that my employer can no longer issue a corrected W2 for me as it was too far in the past. Do I just file W2c myself and redo my return? Is there anything else that I should do?

[TaxGuyBill]

The employer certainly CAN correct the W-2s.  Talk to the employer again.

[summerxia427]

Hi I have a similar situation except that I haven't filed my tax return yet. So what I need to do now is to get the corrected W2 from my employer and file the tax using the corrected one? Not sure how long it will take to get the corrected W2 though. If I didn't get it on time, can I file the original first and then amendment one after I received the corrected W2? Just wondering, will there be any impacts on my employer like a fine or penalty associated?

[natbouffi]

Hello OP, did this eventually get resolved, and how? 

[Mj104]

Hi, my case is similar too. My employer did not withheld FICA and I have requested corrected W2. I hope to get it before corrected W2 before tax filing deadline. 

Did everything work out for you fine once you submitted corrected and original W2 forms to IRS?

[PattiF]

This conversation thread is three and four years old and you may not get a response from the posters from the past.

Since you have requested a corrected W-2 from your employer, you can wait to receive that. File an extension and that will push the deadline to file back to October 18, 2023. After you receive the corrected W-2 you can file your tax return with the corrected information.  

Please sees this TurboTax article with information for filing an extension. 

@Mj104