What can I do if my previous employer doesn't provide corrected W2 for me?

[User123120]

The number in my W2 Box 1 from my previous employer is not correct. I contacted the HR many times but they just ignored my requests. I contacted IRS and they said they will send a letter to the employer. What should I do if my employer still ignores my request and IRS request? Can I input the correct number in Turbotax directly? Can I still e-file my federal tax return and state tax return? Thanks!

[VolvoGirl]

Why is box 1 wrong?  There can be several pretax items deducted from box 1.  Is box 1 less than box 3 or 5?  It can be tricky to calculate box 1 and it usually doesn't match your paystubs.  

[User123120]

There is one item "Other Pretax/Wage Limit" added to my wage, but I can't find it in my pay stub. It increased my wage. 

[DMarkM1]

Please clarify where you are seeing the "Other Pretax/Wage limit" and when/where do you see a wage increase? For example which box(es) codes on the W2 and/or which box(es) or amounts are you comparing to see an increase?    

[User123120]

On my W2, there is a small table above the Boxes showing the calculation of numbers in boxes, look like this:

                                                          Federal Box 1                              Soc. Sec. Box 3 & 7                  Medicare Box 5 

Gross Wages

Txbl Benefits

Group Term Life

Adoption

Deferred Comp

Section 125

Other Pretax/Wage Limit.          a positive number x

W-2 Wages                                   total of first 6 rows + x

I can find all the numbers in this table from my  2022 last paystub except for the number in row Other Pretax/Wage Limit and column Federal Box 1. This number is a positive number and was added into my W-2 Wages in column Federal Box 1. I couldn't find this number in my 2022 last paystub, and also couldn't figure out where this number comes from. This number increases my W-2 wages in Box 1 and thus my tax.

[BrittanyS]

Your employer should be able to provide where the figure in other pre-tax wages came from.  You will want to verify with them that the information is accurate. 

If it is determined that there is an error on the W-2, the employer will be required to provide a correct W-2.  If your employer refuses to give a corrected W-2 when you have proof the W-2 is incorrect, you can follow these steps provided by the IRS.

"If by the end of February, your Form W-2, Wage, and Tax Statement has not been corrected by your employer after you attempted to have your employer or payer issue a corrected form, you can request that an IRS representative initiate a Form W-2 complaint. Call the IRS toll free at 800-829-1040 or make an appointment to visit an IRS Taxpayer Assistance Center (TAC). 

• The IRS will send your employer a letter requesting that they furnish you a corrected Form W-2 within ten days.
• The IRS will send you a letter with instructions and Form 4852, Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions from Pensi.... You can use the Form 4852 in the event that your employer doesn't provide you with the corrected Form W-2 in time to file your tax return."

It is essential you can show the W-2 needs to be corrected and that you have attempted to work with the employer to get the W-2 fixed and received no help.  

For more information, see the link below:

Corrected W-2

@User123120 

[Hal_Al]

Your description of "the problem" indicates that you're not very sure that the W-2 is wrong. 

My recommendation is you file with the W-2 as is.  If you get a corrected W-2 later (based on the IRS initiative), or figure out exactly what is wrong, you can file an amended return later.

That said, the IRS has instructions on what to do if you receive an incorrect W-2 and the employer is uncooperative (and it ain't easy): https://www.irs.gov/faqs/irs-procedures/w-2-additional-incorrect-lost-non-receipt-omitted/w-2-additi...

[User123120]

The same thing happened last year when I was still an employee of this company, and HR couldn't identify the source of the number in that box and thus issued me a corrected W2. This year I left the company, and they just ignored all my requests and communications. So if they still do not respond to my request, can I e-file my federal and state tax return using Turbotax? Or I have to send a print copy to IRS and State? Thanks!

[JulieS]

No, you should not just make the correction in TurboTax and e-file your tax return.

If you want to accept Hal_Al's solution and just file the W-2 the way it is, you can e-file it, as long as you enter it the way it was given to you. 

If you follow the IRS procedure for an incorrect W-2, you will need to print and mail it. 

You should contact the IRS to report that your W-2 form is wrong and that your employer refuses to correct it. Call them at 1-800-829-1040 or make an appointment at the Taxpayer Assistance Center (TAC). Click here to find a TAC near you. 

Next, they will contact your employer and request that they provide you a corrected copy of your W-2 form.

After that, the IRS will send you instructions for filing a substitute W2 on Form 4852. To do that in TurboTax:

1. Select Federal on the left side menu.
2. Select Wages & Income.
3. Click Edit or Add to the right of Job (W2).
4. Since you worked for this employer last year, select the W2 entry that rolled over from last year. 
5. Scroll to the bottom and click Change how I enter my form. 
6. Select Type it in myself at the bottom of the next page. 
7. Enter your W2 information as completely as you can.
8. On the question, Let's check for uncommon situations, select the third choice, Didn't get a W-2 (manually calculate my earnings). The first option will automatically be selected as well.
9. Select Continue.
10. Complete the next few screens. 
11. When you get to Your substitute W-2 is ready to print, be sure to print and/ or save a copy for your records.

Please note you will be able to print and mail in your tax return with a substitute W2 statement, but you won't be able to e-file. 
 

[Hal_Al]

If box 3, of your W-2 is $147,000, this might be the explanation. 

https://www.investopedia.com/terms/t/taxable-wage-base.asp#:~:text=Wages%2C%20salaries%2C%20and%20bo....