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Barbara
Barbara, Tax Preparer
Category: Tax
Satisfied Customers: 911
Experience:  Tax Preparer for 16 years; 25+ years experience as a real estate/corporate paralegal.
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I am a San Francisco fireman that was diagnosed with cancer

Resolved Question:

I am a San Francisco fireman that was diagnosed with cancer in May 2009, filed for a job related disability claim in regards XXXXX XXXXX cancer in same month, and that claim was finally approved in November 2011.
I am owed 2 W2Cs by my payroll department as the approval of the claim changed my actual tax liability for those years as I was off of work from May 2009 until Dec.31st, 2010. I have since returned to full duty after 10 months of modified duty starting Jan. 2011.
I paid my regular tax amounts in both 2009 and 2010 which incurred an overpayment on my part for both those years once my short term disability claim was approved.
It has been a year since my disability claim has been approved and still no W2Cs. Is there a legal time limit for my employer to give me my W2Cs? I have been informed by the IRS that I have up to 3 years to submit a W2C for a given year, which begins on the filing deadline for each year in question and that it is an uphill battle to attempt to submit a W2C thereafter.There is also an overpayment in salary involved in the year 2010 to me but not in 2009, but I'm told by my payroll department that they will not give me the 2009 W2c until the overpayment on the 2010 W2c is repaid so that they can actually create a W2c for 2010. Is that legal? Submitting the 2009 W2c and collecting from it would go a long way to servicing the overpayment in salary incurred in 2010.
Submitted: 1 year ago.
Category: Tax
Expert:  Barbara replied 1 year ago.

bkb1956 :

Thank you for allowing me to be of service to you. What you have ascertained from the IRS is correct--you have three years to amend your tax return for a given year. What your payroll company is doing is not correct. There are time constraints placed upon companies to issue W-2s as well as to correct same if they are incorrect. Do you have a representative within the fire department that could assist you with getting the payroll department to take the appropriate action? Perhaps engaging the services of an attorney to send a letter to your payroll department might get them to move quickly on resolving this issue. Please contact me if you require further assistance or clarification.

Customer:

What are the time constraints that they are required to adhere to in regards XXXXX XXXXX limits on the issuing of corrected W2cs and where can I find the written foundations or references to prompt them to comply? I have spoken to both the overpayment unit as well as the tax unit of the City and County of San Francisco payroll division which my payroll department submits our payroll info to, and was advised that they knew of no city policy , to the best of their knowledge, which allows the actions which my dept. head payroll clerk described to me.

bkb1956 :

Unfortunately, the IRS has regulations in place for issuing W-2s and other income documents which are not adhered to by employers. I would report your circumstances to the IRS immediately.

bkb1956 :

I will send you the specific reference of the IRS regulation in a few minutes so you can show it to the payroll department.

bkb1956 :

According to the IRS website, if an employer refuses to provide you with a correct W-2, you should call the IRS at(NNN) NNN-NNNNand they will initiate the complaint on your behalf. The employer will have 10 days to send you a corrected W-2.

bkb1956 :

Please let me know if you need further information or clarification, and remember to rate my service to you as that is an important component of being an expert on this website. Thank you.

Customer:

It's been a few months since we last corresponded and I've spoken to 2 IRS phone reps that both had different things to say to me about sending that complaint. Could you please send me the IRS section or sections that I would be able to refer to the next IRS agent that I speak to.

Barbara, Tax Preparer
Category: Tax
Satisfied Customers: 911
Experience: Tax Preparer for 16 years; 25+ years experience as a real estate/corporate paralegal.
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