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Has anyone ever successfully challenged their W-2 when it included unvested RSUs? My company seems to be reporting the full grant value upfront, and HR keeps insisting it's correct but everything I've read says that's wrong??
If your W-2 truly includes unvested RSUs as current income, that's definitely incorrect and should be challenged. RSUs should only be reported as income in the year they vest, not when they're granted. To verify this is actually happening, check your pay statements carefully. Sometimes what appears to be reporting of unvested RSUs is actually something else (like imputed income from benefits). If you've confirmed the error, request a corrected W-2 (Form W-2c) from your employer with documentation showing the unvested RSUs shouldn't be included. If they refuse, you can contact the IRS for help resolving the dispute.
I had a very similar situation last year and it drove me crazy until I figured out what was happening! The key is to understand that there are multiple ways income gets reported and timing differences that can make things confusing. First, make sure you're comparing the right numbers. Your W-2 Box 1 should match your year-end paystub's "YTD Federal Taxable Wages" - not your gross pay. Pre-tax deductions like 401(k) contributions, health insurance premiums, and HSA contributions reduce Box 1 but are still part of your total compensation. For RSUs, you're absolutely right that unvested shares shouldn't be taxed. Only RSUs that actually vest during 2023 should appear as income. However, when they do vest, they're taxed at their fair market value on the vesting date, which might be different from the grant value if your stock price has changed. The imputed income items you mentioned (Imp GTL, Imp Legal, Imputed Ben) are benefits your company provides that the IRS considers taxable income even though you don't receive cash. These can add up to more than you'd expect over a full year. I'd recommend pulling your final 2023 paystub and your RSU vesting schedule to do a line-by-line comparison with your W-2. That should help you identify exactly where the discrepancy is coming from before reaching out to HR or a tax professional.
This is really helpful advice! I'm actually dealing with something similar right now where my W-2 numbers don't match what I calculated from my paystubs. The point about comparing W-2 Box 1 to "YTD Federal Taxable Wages" rather than gross pay is something I hadn't considered - I was definitely looking at the wrong numbers. I have a question about the RSU vesting schedule comparison you mentioned. When I look at my RSU account, it shows vesting dates throughout the year, but some of the amounts seem to have been automatically sold right away. Should I be looking at the gross value that vested or the net amount I actually received after the automatic tax withholding sales? Also, do you know if there's typically a delay between when RSUs vest and when they show up on your paystub? I'm wondering if some December vesting events might have been included in my W-2 but not my last paystub of the year.
This is such a detailed and helpful breakdown! I've been waiting since September with EITC verification issues and seeing your actual check arrive gives me so much hope. The specific details about the envelope markings and check format are incredibly valuable - I'll know exactly what to look for on my Informed Delivery. I'm really considering the 1040X route after reading about your experience. How long did the amendment process take from filing to receiving this check? The endless "still processing" messages are absolutely brutal and it sounds like amending might be faster than continuing to wait in verification limbo. Also appreciate you mentioning that the check just showed up without any advance notice - I've been obsessively refreshing "Where's My Refund" expecting some kind of update before anything arrives. Thanks for sharing all these specifics, it really helps those of us still stuck in the waiting game! š
Hey Madison! I'm new here but have been lurking and reading everyone's experiences - this thread has been so helpful! I've been waiting since August with similar EITC issues and honestly, seeing all these success stories with the 1040X route is making me seriously consider it too. September is still a pretty recent wait compared to some folks here, but I totally get how frustrating those "still processing" messages are when you're checking daily! The detailed check info from OP is amazing - I never would have known what to look for on Informed Delivery. It's crazy that we have to choose between our legitimate credits and actually getting our refunds, but at some point you just need to be practical about it. Hope you get some movement on your case soon! š¤
Wow, this is incredibly detailed and so helpful! I've been lurking here for weeks reading everyone's verification horror stories and feeling pretty hopeless about my situation. I filed in February and have been stuck in EITC verification since March - so reading about your actual check arrival gives me the first real hope I've had in months! The specific envelope and check details are amazing - I had no idea what to look for on Informed Delivery when my refund finally comes. That Treasury seal and the specific formatting will definitely help me identify it when it shows up. I'm really torn about whether to file a 1040X to remove my EITC. I legitimately qualify for it but at this point I'm so exhausted from the endless waiting and "still processing" messages. How difficult was the amendment process? And did you feel like you made the right choice looking back, even though you had to give up money you were entitled to? Thanks for taking the time to share all these specifics - posts like this are what keep the rest of us sane while we're stuck in this bureaucratic nightmare! š
Hey Austin! I totally understand that torn feeling - I went through the exact same internal debate for months. February to now is such a long wait, and the mental exhaustion from constantly checking and getting nowhere is real. From everything I've read in this thread and others, it seems like the 1040X route really is faster than staying in verification limbo indefinitely. Even though it sucks to give up money you legitimately qualify for, sometimes getting something is better than potentially getting nothing for another year. The peace of mind alone might be worth it at this point. Have you looked into how much your refund would be without the EITC? That might help you decide if the difference is worth continuing to wait for š¤
Miguel, I totally get your frustration! Those paycheck deductions can be like deciphering a secret code. One thing I'd add to all the great advice here is to check if your company recently implemented any new benefit programs or changed insurance carriers - sometimes these transitions cause temporary double-deductions while systems sync up. Also, if you're comfortable sharing which state you're in, that might help narrow down some of the state-specific codes. Some states have unique withholdings like transit taxes, temporary disability, or even local city taxes that can appear suddenly if you moved or if tax rates changed. The sudden $127 increase definitely warrants investigation. I'd suggest taking your last 3-4 pay stubs to HR and asking them to walk through each deduction line by line. Most payroll folks are actually happy to explain this stuff once you ask - they just assume everyone already knows what the codes mean. Don't let anyone make you feel silly for asking these questions. Understanding where your money goes is basic financial literacy, and way too many people just accept mysterious deductions without questioning them!
This is such great advice! The point about double-deductions during benefit program transitions really hits home - I just remembered my company sent out an email about switching to a new 401k provider around the same time my deductions increased. I bet that's part of what's happening. I'm in California, so there are definitely some state-specific taxes that might be confusing me. I really appreciate everyone taking the time to explain this stuff without making me feel dumb about it. Going to gather my recent pay stubs and schedule time with HR this week to get everything sorted out!
Miguel, I completely understand your confusion! When I first started really paying attention to my paystubs, I felt like I needed a decoder ring. Here's something that might help that others haven't mentioned yet: Check if your company has a "cafeteria plan" or "Section 125" deductions - these are pre-tax benefits like health insurance, FSA/HSA contributions, or transit passes that reduce your taxable income. Sometimes these get implemented or changed mid-year and can significantly impact your take-home pay even though they're actually saving you money on taxes. Also, look for any deductions labeled "GARNISH" or "LEVY" - these would be court-ordered wage garnishments for things like child support, student loans, or tax liens. They can start suddenly if there's been a legal judgment. One more tip: if you have direct deposit, your bank statement might show the net amount differently than your paystub if there are any post-payroll deductions (like loan payments to your employer or union dues). The $127 increase really does sound like something specific happened - maybe a retroactive benefits enrollment or a correction from previous pay periods. Definitely worth getting that detailed explanation from HR. You're absolutely right to want to understand where every dollar of your hard-earned money is going!
Great point about Section 125 deductions! I totally forgot about those when I was trying to figure out my own paycheck mystery last year. The FSA thing especially caught me off guard - I had enrolled during open enrollment but completely forgot it would start coming out of my checks in January. Also, the timing of Miguel's issue (April) makes me think it could be related to the new tax year kicking in or annual benefit renewals. A lot of companies do their benefits year from April to March instead of calendar year, so that could explain the sudden changes. The garnishment/levy point is really important too - those can definitely appear without much warning if you've missed payments on federal student loans or have outstanding tax debt. Hopefully that's not the case here, but it's definitely something to check if other explanations don't add up.
One thing that might help clarify the SEP IRA vs Solo 401k question - you can actually convert your existing SEP IRA to a Solo 401k if your Solo 401k plan allows for rollovers. This could be beneficial since you'd get the employee contribution option ($22,500) that you don't have with the SEP IRA. However, be careful about the timing if you've already made SEP IRA contributions for this tax year. You can't make employer contributions to both plans for the same tax year from the same business, even if you do a rollover partway through. Also worth noting - with your S Corp structure and $145k salary, your total contribution space to a Solo 401k would be around $58,750 ($22,500 employee + ~$36,250 employer at 25% of compensation). This might actually be less than the $66k you were planning for the SEP IRA, so run the numbers carefully before switching.
This is really helpful analysis! I hadn't considered that the Solo 401k might actually give me less total contribution space than the SEP IRA in my specific situation. With my $145k salary, you're right that 25% would only be about $36,250 in employer contributions, plus the $22,500 employee contribution = $58,750 total. That's actually $7,250 less than my planned $66k SEP IRA contribution. Quick question though - is the 25% limit calculated on gross salary or net after payroll taxes? And would it make sense to potentially increase my S Corp salary to expand the contribution room, or would the additional payroll taxes eat into the benefit?
Great question about the calculation! The 25% employer contribution limit for S Corp owners is calculated on your W-2 wages (gross salary before payroll taxes), so your $145k salary would indeed allow for about $36,250 in employer contributions. Regarding increasing your salary - this is actually a common strategy but requires careful analysis. Yes, a higher salary would increase your Solo 401k contribution room, but you'd pay additional payroll taxes (Social Security, Medicare, unemployment) on the extra salary. Since you're already above the Social Security wage base for 2023 ($160,200), you'd mainly be looking at the 2.9% Medicare tax (plus 0.9% additional Medicare tax if applicable). The math often works out favorably, but you'd want to model it precisely. For example, if you increased your salary to $200k, you'd have ~$50k in employer contribution room plus the $22.5k employee contribution = $72.5k total. The extra payroll taxes on the additional $55k salary would be roughly $1,600-2,100, so you'd net significantly more retirement savings. Just make sure your salary remains "reasonable" for your role and industry - the IRS scrutinizes S Corp owner salaries closely.
One additional consideration that hasn't been mentioned - if you're planning to hire employees in the future (beyond just your wife), a SEP IRA requires you to contribute equally for all eligible employees as a percentage of their compensation. With a Solo 401k, you lose eligibility once you have employees who aren't your spouse. Given your business growth trajectory ($850k-$1.2M revenue), you might want to think about whether you'll need to hire W-2 employees down the road. If so, you might want to consider other options like a traditional 401k plan that can accommodate employees, or carefully structure any future hires as contractors rather than employees. Also, make sure you're considering state tax implications. Some states don't follow federal rules exactly for retirement plan deductions, so the optimal choice might vary depending on where your S Corp is based. The timing issue others mentioned is crucial - if you're already late in 2023, the SEP IRA's flexibility to be established until your filing deadline might outweigh the Solo 401k's higher contribution potential, especially if you can't increase your salary before year-end.
This is such an important point about future employee considerations! I'm actually in a similar growth phase with my consulting firm and hadn't fully thought through how adding employees would impact my retirement plan options. The SEP IRA equal contribution requirement could get really expensive if I hire several employees at decent salaries. But losing Solo 401k eligibility once I have non-spouse employees is also a big limitation. Do you know if there's a threshold for when it makes sense to switch to a traditional 401k plan? I'm assuming the administrative costs are higher, but it might be worth it for the flexibility as the business grows. Also curious about the contractor vs employee structuring - I know the IRS is pretty strict about worker classification, so that seems like a risky strategy unless the roles genuinely qualify as contractor work. Thanks for bringing up the state tax angle too - I'm in California so definitely need to research how they handle retirement plan deductions differently from federal rules.
Jamal Brown
I just wanted to add one more resource that might be helpful - if you're having trouble getting through to the IRS by phone, you can also try submitting Form SS-4 with a cover letter explaining the duplicate EIN situation. While calling is faster, sometimes the written route works better for people who can't get through during business hours. Make sure to clearly state in your cover letter that you received duplicate EINs, specify which one you want to keep active, and request that the other be marked as inactive. Include copies of both EIN letters with your submission. The downside is that processing takes much longer (usually 4-8 weeks), but it's a good backup option if the phone calls aren't working out. Plus you'll automatically get written documentation of the resolution since they have to respond to your written request. Just another option to consider alongside all the great phone-based advice already shared here!
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Statiia Aarssizan
ā¢That's a really smart backup plan! I hadn't considered the written route at all. For someone like me who works unusual hours and can't always call during business hours, this could be perfect. Do you happen to know if there's a specific mailing address for EIN-related issues, or do you just send it to the regular IRS business address? I want to make sure it gets to the right department if I end up going this route.
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Mason Davis
ā¢For EIN-related written correspondence, you'll want to mail it to the IRS office that handles business tax matters for your state. The specific address depends on where your business is located, but you can find the correct mailing address on the IRS website under "Where to File" for business tax forms. Generally, you'll send it to something like "Internal Revenue Service, [Your State] Processing Center" with the appropriate address. I'd recommend including "ATTN: EIN Duplicate Resolution" or something similar on the envelope to help route it properly. You can also call the general IRS number (800-829-1040) just to confirm the correct mailing address for your state before sending - that way you don't have to wait in the business line queue just for address information. Make sure to send it certified mail so you have proof it was received, especially since you'll be including copies of sensitive tax documents.
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Aisha Mahmood
I just went through this exact situation a few months ago and wanted to share what worked for me! The duplicate EIN issue is definitely stressful, but it's more common than you'd think. Here's what I learned: Call the Business & Specialty Tax Line at 800-829-4933 and explain that you received two EINs but only submitted one application. The fact that your second EIN has a misspelled business name is actually helpful evidence that this was a processing error on the IRS's end, not something you did wrong. The key timing tip that saved me hours: Call on Tuesday or Wednesday right at 7 AM Eastern time. The wait times are much shorter then compared to other days/times. Have both EIN letters in front of you with the exact numbers and dates. The IRS representative will mark one EIN as "inactive" (they don't technically delete EINs, just make them inactive). Definitely keep the first one with the correct business name spelling. Make sure to ask for written confirmation - it usually takes 2-3 weeks to arrive but is crucial for your records. Since you mentioned you haven't used either EIN for business activities yet, this should be very straightforward. If you had already opened bank accounts or set up vendor relationships with either number, it would be more complicated, but in your case it should be a simple 15-20 minute call once you get connected. Don't stress too much about the tax implications - you'll only file under the active EIN going forward. The IRS has a standard process for handling these duplicate situations, so you're definitely not the first person they've helped with this!
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