File tax return with W2 and W2C form

Right before I was going to file tax return for year 2010 earlier in March, my company informed me that a corrected W2 will be issued and advised me to file a delay petition if possible and said they would refund my tax overpayment via the payroll process. After four months, I eventually received the corrected W2 form (W2c) and this time they say I should file the tax return using the W2 and W2c altogether. Note I left the firm in July so I guess they will not be able to refund me via the payroll process?

I am wondering if anyone here has experience with such situation. Which forms should I file now? still 1040 or 1040+1040X? Which W2 form should I used to fill in each form respectively? I have not filed any documents for 2010 tax year except return delay so far.

Thank you a lot! Appreciate any advice.
  • What do you mean you filed a return delay?  You mean you filed an extension form 4868?  If you didn't file your 1040 return yet then just file it as soon as possible.  You don't need the 1040X.  The 1040X is to change or amend the originally filed return which you didn't file yet.
Do you mean by delay petition that you filed an extension (an extension just extends the time you have to file your original return)?  If that is what you mean and you have not filed your original tax return then you would use the W2C form to enter your information (1040) and file your return as normal, you can still efile until Oct. 17, 2011.  If you made a payment with your extension then enter the amount into your return.

To enter Federal and/or State payments you made with your extension:
- Federal Taxes Tab
- Deductions & Credits
- Explore on My Own
- Estimates and Other Taxes Paid
- Other Income Taxes – click Start or Update
– Other Tax Payments screen, check “Filed an extension with a payment this year”
- On the “Indicate Which Apply” screen – check “I made a payment with a federal extension for 2010, or a state or local extension for either 2009 or 2010.”
- On the Payments Made With Extensions screen – check all that apply – continue – then enter your payment amount(s)

If you already filed your return with the original W2 then you would need to amend your return (1040X) and enter the W2C form information. Amended returns cannot be efiled they must be mailed.  To Amend your return for online:
- Click the Home Tab
- Under “We can help you….,
- Choose Amend a return that was filed and accepted

Or, Federal Taxes tab (for Home & Business - Personal tab), Other Tax Situations, Amend a Return

Amend a 2010 return:
  • Thank you both for the anser! I filed an extension after received notice from my company so I still have not filed anything for tax year 2010 yet.

    I guess now my question would be -

    My previous company actually charged me tax overpayment. Will I get these overpayment back by using the W2c only? Or should I attached W2 and W2c altogether in the filing?

Did you have only the one employer for 2010?  If you only had one employer and they refused to make the adjustment for you, you'd follow these instructions:

The fact that they adjusted your W-2 without giving you back the excess was wrong.  They don't have the right to say it's too late.  They can always make the adjustment on their next quarterly payroll tax forms.  They've adjusted the W-2 without giving you your money back, leaving you no avenue to get that cash back now.  You cannot file with both W-2s, only one or the other.  If you use the original, you'll be told to get the excess back from your employer.  If you use the corrected one, it'll look like you already got the adjustment back.  You need to seek recourse from them for the excess withholding or require that they reverse the corrected W-2 so you can follow the procedure dictated by the IRS.
  • Thanks TurboTaxAnita! Appreciate your help a lot.

    I only had that employer for 2010 so can I follow the link in your response to request the excess back?

    I am writing an email to my previous employer now asking them to refund me. In fact, their previous communication indicated they would refund me directly via the payroll process. But when I called them (for 10+ times) asking for the W2-c form they refused to refund me directly and told me to go through the Tax Return process...They also asked me to attach the W2-c form along with the original one to file tax return. I am very very confused now.
If by tax overpayment you mean they withheld too much self employment tax (social security and/or medicare), it is the company's responsibility to refund the amount of overpayment directly to you. They should send you a check for the amount of overpayment.
  • Texas Roger -

    Thanks for the comment. I thought my previous employer would send me a check of overpayment (and they indeed indicated that back in February). However, now they say they have already released all tax/money to the IRS and I should contact IRS for the refund of over withheld amount. I am not too sure how that should be proceeded...

    On another note, just wondering which information should I used to prepare the 1040 form? The corrected information of ssn and medi care is less than those previously reported. Will I get less refund if I use the corrected information on 1040? Appreciate the help a lot!
Correcting the W-2 implies they have given you back the excess withholding.  As you can see inthe directiosn for the form I sent you, it states to use that form if the employer will not make the adjustment.  You can try it but don't be surprised if the IRS says the employer's already taken care of it.  Are we talking about a large sum of money?
  • The amount is around 1k..maybe not a super big amount but still quite substantial to me

    I'll contact my former employer again tomorrow. They are actually a very large financial company can't believe they deal things in such disgusting way....

    Thanks for the advice!
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