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Ava Johnson

Can my company legally delay issuing my corrected W-2 form? Need advice ASAP

I'm getting really anxious about my 2024 taxes. I had some RSUs vest and sold some ISOs last year, which will make a pretty big difference to my AGI. I'm working with a tax preparer right now trying to get everything organized. When I contacted our payroll department about getting my corrected W-2, they told me they're "trying to wait as long as possible" before sending them out because every time they issue W-2c forms, they have to refile their quarterly filings. This apparently affects thousands of employees at our company who need corrected W-2s. This has me really worried because back in 2022, the IRS actually fined me for not reporting my correct AGI in 2020 - I had only reported based on my original W-2 and not the corrected one. I'm afraid this is going to happen all over again for my 2023 taxes even though I used a professional preparer. My company is basically waiting until the absolute last possible minute to send corrected W-2s to everyone affected, and it's making it super difficult to get my taxes filed by my preparer on time. I'm stressing about potentially getting fined again. Can they legally do this? How should I handle this situation? And if I end up receiving my corrected W-2 after the filing deadline for 2024, will I have to file an amended return? Really appreciate any advice!

Miguel Diaz

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This is definitely frustrating, but let me break down your situation. Yes, your employer can technically wait to issue corrected W-2s (W-2c forms) as long as they provide them by the IRS deadline, which is generally within 30 days of discovering an error. However, this doesn't help your immediate filing needs. Your best option is to be proactive. Contact your payroll department again and explain your previous penalty situation. Request an estimate of the corrections in writing, even if the official W-2c isn't ready. Many companies can provide this information. If they refuse, you have options. You can file using your best estimate based on your paystubs and RSU/ISO documentation, then file an amended return when you receive the W-2c. Include a statement explaining the situation when you file. You could also file Form 4868 for an automatic extension until October, giving you more time to get the correct documents. Remember though, this is just an extension to file, not to pay, so you'd still need to estimate and pay any taxes due by the regular deadline to avoid penalties. Don't worry too much about penalties if you make a good faith effort and can document that you attempted to get correct information from your employer.

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Ava Johnson

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Thanks for this detailed response! I'm curious - if I file with my best estimate and then have to amend later, does that increase my chances of being audited? Also, how would I document my attempts to get the correct info from my employer? Should I be keeping copies of emails?

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Miguel Diaz

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Filing an amended return by itself doesn't necessarily increase audit risk - the IRS understands that corrections sometimes need to be made. What matters is making a reasonable, good faith effort with your initial filing using the information available to you. Keep all email correspondence with your payroll department, including timestamps. If you speak with them by phone, follow up with an email summarizing the conversation. This creates a paper trail showing your diligence in trying to obtain correct information.

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Zainab Ahmed

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I ran into almost this exact situation last year with my RSUs and the W-2c mess! After spending hours trying to figure it out myself, I ended up using https://taxr.ai to analyze my RSU vesting schedules, ISO sales records and original W-2. The tool was actually able to calculate what my corrected W-2 would likely show before my company even issued it. When my W-2c finally arrived in late September (seriously, they took FOREVER), the numbers matched almost exactly what taxr.ai had predicted. It saved me from having to file an amended return since I had already filed with the correct amounts. The system also generated documentation explaining how it derived the figures, which I kept in case of any IRS questions. Their document analysis helped me understand exactly which transactions would affect my W-2 and by how much. Definitely worth checking out if you're in this RSU/ISO situation!

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Connor Byrne

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I'm dealing with the same RSU headache! How accurate was it really? I'm nervous about filing without the official W-2c. Did you have to provide a lot of documentation or was it pretty straightforward?

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Yara Abboud

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I've heard mixed things about these tax AI tools. Did you have any issues with data privacy? I'm always sketchy about uploading financial docs to websites. And did you need to understand all the technical stock compensation stuff yourself or did it explain things?

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Zainab Ahmed

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It was surprisingly accurate - within about $120 of my final W-2c amounts on over $30k of RSU income. I uploaded my vesting schedule from my company portal, my original W-2, and a statement showing the sold ISOs. Took maybe 15 minutes total to upload everything. For data privacy, they use bank-level encryption and don't store your documents after analysis - that was a big concern for me too. And no, you don't need to understand all the technical details. It breaks everything down and explains how RSUs and ISOs affect your W-2 vs what appears on your 1099-B. It even pointed out that my company hadn't properly accounted for the Medicare surtax on my supplemental income.

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Yara Abboud

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Just wanted to follow up about the taxr.ai site someone recommended here. I was super skeptical but decided to try it since I'm in the same boat with RSUs and waiting for a corrected W-2. Honestly, it worked better than expected! I uploaded my stock plan statements and original W-2, and it projected what my corrections would be. The interface walked me through exactly which numbers would change and why. For my situation, it showed that about $14,500 of income wasn't reflected on my original W-2 due to RSU vesting. When I showed this to my company's payroll team along with the documentation taxr.ai generated, they actually expedited my W-2c rather than making me wait with everyone else! The payroll specialist mentioned they're getting overloaded with these requests and having the detailed calculation already done made it easier for them to verify and process mine. Just thought I'd share since it really helped my situation!

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PixelPioneer

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Ugh, I feel your pain! I had a similar nightmare scenario with waiting for corrected tax forms last year. After my company kept giving me the runaround, I finally gave up trying to call the IRS directly - we all know how THAT goes (hours of hold music anyone?). I ended up using https://claimyr.com to get through to an actual human at the IRS. They got me connected in about 20 minutes when I had previously wasted HOURS trying to get through. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with was actually super helpful and explained that I could file Form 4852 (Substitute for W-2) along with my return if my employer wasn't providing the corrected W-2 in a timely manner. They also documented in my file that I had made a good faith effort to obtain the correct documents, which apparently helps if there are any questions later. Just knowing my options from an official source gave me the confidence to move forward instead of stressing about waiting for my employer.

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How does this Claimyr thing actually work? Seems sketchy that they can somehow get through when regular people can't. Does it cost money?

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Paolo Rizzo

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Yeah right. I find it hard to believe ANYONE can get through to the IRS quickly. I've literally called 30+ times this season and never got through. If this actually works I'll eat my hat.

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PixelPioneer

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It uses a system that continuously redials the IRS using multiple lines until one connects, then it calls you and connects you directly. Much more efficient than manually redialing yourself. It basically automates the frustrating part of the process. The service does have a cost, but considering I was able to actually get answers directly from the IRS instead of guessing or stressing, it was worth it to me. The peace of mind alone knowing exactly what forms I needed to file was valuable, and the agent even noted in my file that I had been proactive about the situation.

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Paolo Rizzo

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I'm back to eat my hat! After my skeptical comment about Claimyr, I decided to try it because I was desperate to talk to someone at the IRS about my similar W-2c situation. Holy crap it actually worked! Got connected to an IRS agent in about 15 minutes after trying unsuccessfully for WEEKS on my own. The agent walked me through filing Form 4852 (Substitute for W-2) and explained exactly how to document my attempts to get the correct W-2 from my employer. The best part was finding out I could go ahead and file without waiting for my perpetually delayed W-2c, as long as I could reasonably estimate the correct amounts from my paystubs and stock statements. The agent even gave me her ID number to reference if any questions came up about my filing. Seriously relieved to have this sorted out instead of stressing about missing the deadline. Sometimes it's worth admitting when you're wrong - and I was definitely wrong about this!

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Amina Sy

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Something nobody's mentioned yet - you might want to file a complaint with your state labor department. In many states, employers are required to provide wage statements in a timely manner. Your company's policy of deliberately delaying these corrections could actually violate labor laws. When I had a similar situation, I casually mentioned to HR that I was "considering checking with the state labor board about the delay" and miraculously my corrected form appeared within days. Sometimes they need a little motivation to prioritize these things!

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Ava Johnson

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That's an interesting approach I hadn't considered. Do you know if mentioning this could potentially cause problems for me at work? I'm a bit concerned about rocking the boat too much, especially since I like my job otherwise.

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Amina Sy

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It's a valid concern. I'd suggest keeping it casual and non-threatening initially - maybe phrase it like "I've been researching options and came across information that this might be a labor compliance issue." This gives them a chance to correct it without feeling directly threatened. Most HR departments will prioritize fixing a compliance issue over risking a formal complaint. And technically, retaliating against an employee for raising a legitimate labor law concern is also illegal, though I understand the practical realities of workplace dynamics.

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Just a quick heads up that isn't getting enough attention: Make sure you understand how your RSUs and ISOs affect your cost basis reporting! This bit me hard last year. The W-2c will show the correct income amount, but your 1099-B from your broker likely WON'T have the correct cost basis. You need to manually adjust this on your Schedule D and Form 8949 or you'll end up paying double tax on the RSU income.

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This! So much this! I got absolutely destroyed one year because I didn't realize my 1099-B showed proceeds but not the correct cost basis for RSUs. Had to pay tax on the same income twice until I figured it out and amended.

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Chloe Wilson

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This is such a common and frustrating situation! I went through something similar two years ago with my company's delayed W-2c process. One thing that really helped me was being persistent but professional with HR/payroll. I sent a follow-up email every week documenting my request and the potential penalties I was facing. I also mentioned that I was working with a tax professional who needed the information by a specific date to avoid filing extensions. Another strategy that worked: I asked if they could provide me with a written estimate of the corrections even if the official W-2c wasn't ready. Many payroll systems can generate this information quickly - it's the formal filing process that takes time. Having those numbers let me work with my tax preparer to get everything ready. Also, definitely keep detailed records of all your RSU vesting dates and sale transactions. Your brokerage statements combined with your company's equity portal should give you most of the information you need to estimate the corrections yourself if push comes to shove. The key is being proactive and documenting everything. The IRS is generally understanding when you can show you made good faith efforts to obtain correct information from your employer. Don't let your company's inefficiency become your tax problem!

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Leo Simmons

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This is really helpful advice! I especially like the idea of asking for a written estimate even if the official W-2c isn't ready. That seems like a reasonable middle ground that might get them to move faster. I'm definitely going to start sending weekly follow-up emails to create that paper trail you mentioned. Do you think it's worth mentioning in those emails that I've already been penalized by the IRS before for this exact situation? I'm wondering if that might add some urgency from their perspective, or if it could somehow work against me. Also, when you say "brokerage statements combined with company equity portal" - are you referring to the transaction history showing when shares vested and were sold? I want to make sure I'm gathering the right documentation to estimate the corrections myself if needed.

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