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(1) The problem MAY be getting them to admit (to anyone else) what they've told you... that this WAS a mistake, but (2) they are notshooting straight with you regarding getting a corrected W-2 ... there is a specific process for this ... (the form used is a W-2 see this):
The IRS tells you what to do about this here: http://www.irs.gov/Help-&-Resources/Tools-&-FAQs/FAQs-for-Indi viduals/Frequently-Asked-Tax-Questions-&-Answers/IRS-Procedures/W-2---Additional,-Incorrect,-Lost,-Non-receipt,-Omitted/W-2---Additional,-Incorrect,-Lost,-Non-receipt,-Omitted-2
If your attempts to have an incorrect Form W-2 (PDF) corrected by your employer are unsuccessful and it is after February 14, contact the IRS toll-free at(NNN) NNN-NNNNto request that an IRS representative initiate a Form W-2 complaint.
When speaking with IRS,if I were you, I would mention that the H-R department cited "IRS regulations" as the reason that "that there is nothing to they can do after the tax year is closed." ... only two possibilities for that statement; they don't understand or they lied
I still don't see you coming into the chat session, so I'll move us to the "Q&A" mode. … Maybe that will help … (We can still continue a dialogue there, just not in real-time chat, as we can here)
If this HAS helped, I would appreciate a feedback rating of 3 (OK) or better … That's the only way they will pay us here.
HOWEVER, if you need more on this, PLEASE COME BACK here, so you won't be charged for another question.
Please let me know if you have any questions at all ...
I just sent a follow up, not sure if you saw it.
Thanks, XXXXX XXXXX issue is that HR insisted that the W-2 was done correctly. At least, their math was correct. The problem is that HR subtracted about $42,000 deductions from my 2012 earnings and added $42,000 (because of the refund check I received in mid January) to my 2013 earnings. So their math is squared away at the top level. This shift implied that I would have worked for 2 months in 2012 at my pay scale in 2012 instead of the actual 7 months. Their argument is that I received all the correct compensation down to the penny. My argument is that due to their reporting mistake, I will pay several thousand dollars more income tax. Moreover, my earnings should equate to 7-month work whether they deduct my paycheck or not. Since the over-payment was resolved in 2012, it did not appear in the W-2 at all. HR just issued me a W-2 of my gross earnings minus the deductions. They insist that the deductions are correct and should stay in 2012 and the reimbursement in 2013 should count as 2013 earnings. If I contact the IRS, I want to know whether their argument has more merits or mine.
Thanks, XXXXX XXXXX very helpful.