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Screwed up W2 and W2-C

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Ladynred

Senior Member
What is the name of your state? TN

Ok, this all broke loose yesterday, 4/10, when my employer handed me a W-2C. It created a freak-out on my end, to say the least. The outcome is I need to file some form to request a refund of the self-employment estimated taxes I paid 2nd & 3rd quarter of 2002 - or so they tell me.

A few background details.
Last April, I was hired as a contractor by this company.
I worked for several months as a contractor. I filed and paid 2nd and 3rd quarter estimated SE taxes.
On 9/3, I became an employee of this same company.

In Jan, I was sent a 1099-Misc from this company for my contracting stint (the 1099 turned out to be incorrect anyway).
I was also sent a W-2 for the Sept-Dec period of 2002 as an actual employee.

When I got the first corrected W-2C yesterday, I noticed the gross numbers didn't add up and they had a number in there for SS and Medicare taxes which was WAY more than what was right for only 4 months of actual employment. So, I called payroll right away, not understanding how my wages for 4 months could have jumped so dramatically.

It appears that it is corp policy that they can't issue a 1099 AND a W-2 in the same tax year. Now, I've been in this situation before where I worked contract as an IC and was later hired, and the 1099-Misc AND W-2 thing from the same company wasn't a problem.

So, what they did was they 'grossed up' my wages to somehow include the SS and employment taxes and they ADDED to the W2 what I'd been paid as a contractor. So the new gross is a combined total of contractor + employee wages.

I then asked them how that works when I had paid in SE taxes for 2 quarters of the year. They tell me I have to request a refund of the SE taxes.

Well, here's another wrinkle, at least to my non-CPA mind. The original W2 shows Withholding tax consistent with 4 months of wages. The W2-C shows NO INCREASE to that withholding amount, so the withholding is far from enough to cover what is now showing as my GROSS wages ! Yes, I paid in the withholding with my estimated tax payments, but if I now re-do my tax return w/o a 1099-Misc, how on earth do I show that I DID make estimated tax payments to cover the withholding ??? How would I get credit for that 'employer' portion I'd normally get back ??

I'm SO confused, and don't feel comfortable redoing my taxes until I can understand how to fix this. I also haven't a clue what form I'd need to request the SE tax refund or how I'd explain why I'm entitled to the refund.

4 days before the deadline, finding an accountant that can figure this out is going to be next to impossible. I don't even know how I would file for an extension, since you have to pay 90% of any tax owed and I have NO CLUE what I would put on the forms as AGI let alone be able to figure out whether I'd owe taxes or be getting a refund.
 


abezon

Senior Member
Don't worry about the extension. You'll be getting a refund. Call the payroll dept and ask for a corrected 1099-misc showing $0 income. Now you have no self-employment income and just put the W-2 numbers on the new 1040. (Actually, you'll put them on the 1040X, but I recommend you hire someone to do this.) Your new tax liability should be lower, since you won't have SE taxes & the Schedule C gets deleted.

Your withholding didn't change because withholding means money sent to the IRS for your income taxes, not employment taxes.

The company paid into social security for you on the entire amount. Since an employee normally pays 1/2 the employment taxes from their pay, they added your 1/2 of the taxes they sent to the gov't for you but did not actually deduct from your pay.
 

Ladynred

Senior Member
Well, obviously the amount I sent in on the 1040-ES forms was a complete estimate of withholding too.. so I still have no idea what I may be due back. Since they 'grossed up' my wages for the employment taxes, I should still be getting a refund of those employment taxes I paid in, shouldn't I ? Don't I need to claim that somehow ?

Thanks for your input :). Now, where on this 1040 do I put down where I made estimated tax payments ?? I have today and tomorrow to get this right... drives me crazy. In a way, its a good thing I waited too long this year - no amended return necessary.

**** update ****

I just redid my tax return (using TaxCut) .. well, ain't I lucky, it shows I OWE $1200 and that includes a withholding underpayment penalty !!! Wonderful.. I don't have $1200 lying around to pay the IRS.. I'll be lucky if I can scrape up $100 by tommorrow ! Just what I need.. the IRS on my tail along with all these other collection vultures. Even if I get the SE tax refund, its going to have to go right back out to pay this mess. :(

I'm not happy.. why they couldn't have just sent me a correct 1099 AND a correct W2 is beyond me.
 
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abezon

Senior Member
I suggest you file an extension & consult a professional to help you. You may be missing things. The estimated payments are reported on page 2 of the 1040, right after the withholding from the W-2.
 

Ladynred

Senior Member
Thanks Abezon.. that's exactly what I'm going to do. I've been advised that what my employer is doing may not be strictly legal, it sure as hell is screwing ME up. If I can't show self-employed, which I was, I can't claim any exemptions as such either ! I'm going to take it higher and see if I can't insist on a 1099 AND the W2 as would be proper.
 

abezon

Senior Member
Talk to a tax preparer first. Usually, W-2s are better than 1099s because you don't have to pay self employment taxes on W-2 income. Since SE tax is about 15% of the net profit, this extra tax adds up fast.
 

Ladynred

Senior Member
Thanks. I guess I'm being thick-headed. *I* already paid in SE taxes for 2 quarters, so,theoretically, I should get 50% of that back as self-employed. I just don't understand what I'm supposed to do about that.

I'll be calling my friend who owns her own H&R Block office real soon ;)
 

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