Former employer reported incorrect Form 3921 to IRS - what should I do now?
I just discovered a major discrepancy between the Form 3921 I received from my previous employer and what the IRS has on file. I only found this out when I downloaded my transcripts from the IRS website recently - the information about my ISO exercise is completely different! When I contacted my old company about this, they just shrugged and said they don't know where the IRS got those numbers and insisted that the Form 3921 copy they gave me is the correct one. Really helpful, right? The bigger issue is that I wasn't even aware I needed to report my ISO exercise in the first place. Now I'm realizing I need to file a 1040-X to amend my returns for previous years. Should I go ahead with filing the amendment based on the Form 3921 I have from my employer, or try to figure out why the IRS has different information first? I'm worried about triggering an audit or something if the numbers don't match up. Has anyone dealt with Form 3921 discrepancies before? Any advice would be appreciated!
20 comments


Luca Marino
This is actually quite common with ISO reporting. Here's what you should do: First, get a copy of your Wage and Income transcript from the IRS if you haven't already - it sounds like you've done this step. Compare it line by line with the physical Form 3921 your employer gave you to identify exactly what information is different. Next, I'd recommend reaching out to your former employer's payroll or benefits department specifically (not just HR). Ask them to provide a written statement confirming the correct information and acknowledging the discrepancy. They should be able to issue a corrected Form 3921 to the IRS if needed. Don't delay filing your 1040-X. File based on the correct information from the physical Form 3921 you have, but include a detailed explanation of the discrepancy in your amendment. Attach a copy of your Form 3921 and any written confirmation from your employer.
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Nia Davis
•Thanks for this advice. I'm in a similar situation, but my former employer went out of business. What should I do if I can't get them to confirm anything or issue corrections?
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Luca Marino
•If your former employer is no longer in business, document your attempts to contact them. File your amendment using the information you believe is correct based on your records. Include a detailed explanation with your 1040-X stating that the employer is defunct and unable to confirm the information. For additional protection, consider getting a tax professional to help prepare a statement explaining your due diligence and reasonable cause for using the information you have. The IRS generally understands these situations where companies go out of business.
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Mateo Perez
I went through this exact nightmare last year with my ISO exercise reporting! I tried calling the IRS multiple times but kept getting stuck in their phone system. I was seriously stressing about the discrepancy between my forms. After weeks of frustration, I found this service called taxr.ai (https://taxr.ai) that helped me analyze the differences between my documents and prepare an explanation for my amended return. They have a tool specifically for handling document discrepancies like Form 3921 issues. They identified exactly which fields were different and helped me document everything properly for my 1040-X. The best part was they could tell me exactly what the IRS would be looking for in my explanation letter. Saved me so much anxiety!
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Aisha Rahman
•How does it actually work? Like do you upload your forms to them or something? I'm always hesitant about sharing tax docs online.
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CosmicCrusader
•Sounds interesting but does it really help with ISO specific issues? Those can get really complicated with the whole bargain element and fair market value calculations.
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Mateo Perez
•You upload your documents through their secure portal and their system analyzes the forms to identify discrepancies. They use bank-level encryption and don't store your documents after processing, so security is solid. Yes, it absolutely helps with ISO specific issues! That's exactly what I used it for. It can identify discrepancies in the bargain element, fair market value, exercise price, and all the other fields on Form 3921. It helped me figure out exactly why my calculations weren't matching the IRS records.
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CosmicCrusader
Just wanted to update everyone. I went ahead and tried taxr.ai after posting my question above. It was actually really helpful for my ISO form issues! It compared my Form 3921 against what the IRS had on file and showed me exactly which fields were different. In my case, the exercise price my employer reported didn't match what was on my copy. The service generated a detailed explanation letter that I attached to my 1040-X. Got confirmation from the IRS that my amendment was accepted without any questions! Definitely worth it if you're dealing with ISO discrepancies.
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Ethan Brown
I had a super similar situation where my employer's ISO reporting was wrong. After trying to call the IRS for DAYS with no luck, I used Claimyr (https://claimyr.com) and actually got through to a real person at the IRS in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent was able to confirm which version of the form was officially filed and explained exactly what I needed to do with my 1040-X. Turns out my employer HAD actually submitted a corrected form later, but never told me about it! The IRS agent walked me through exactly what I needed to do to file my amendment correctly.
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Yuki Yamamoto
•Wait, how does this even work? The IRS phone system is impossible to navigate. How does this service get you through?
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Carmen Ortiz
•This sounds too good to be true. I've literally spent hours on hold with the IRS and never got through. How could some service magically make that happen?
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Ethan Brown
•The service basically navigates the IRS phone system for you and waits on hold in your place. When they get a real IRS agent on the line, they call you and connect you directly. It works because they have the technology to stay on hold for hours so you don't have to. They don't have any special access to the IRS - they just handle the frustrating part of waiting on hold. Once I got connected to the IRS agent, I explained my Form 3921 situation and they were able to look up exactly what was filed for me and give me specific guidance for my amendment.
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Carmen Ortiz
Ok I have to admit I was wrong. After posting my skeptical comment above, I decided to try Claimyr anyway because I was desperate about my ISO form issue. I seriously got connected to an actual IRS agent in about 35 minutes (they texted me when they were close to getting through). The agent confirmed that my employer had submitted an incorrect Form 3921 initially, then filed a corrected one later without telling me. That explained the discrepancy I was seeing! The agent gave me the exact information I needed for my 1040-X amendment and told me how to reference the corrected form. Never would have figured this out without actually talking to someone at the IRS.
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Andre Rousseau
Another option to consider is pulling your "Information Returns" transcript from the IRS instead of just the account transcript. This shows exactly what forms were filed under your SSN. Sometimes there are multiple versions of the same form if corrections were submitted. For ISO issues specifically, look for both the original and any corrected Form 3921 filings. Your employer might have submitted a correction but failed to provide you with an updated copy. The Information Returns transcript will show both versions.
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Zara Malik
•How do I get this specific transcript? I only downloaded the standard transcript from the IRS website. I didn't see an option for "Information Returns" specifically.
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Andre Rousseau
•You need to go to the IRS website and request the "Wage and Income Transcript" specifically. This is different from the Account Transcript or Record of Account. You can get it through the IRS "Get Transcript" tool online. Just select "Wage and Income Transcript" from the dropdown menu. It contains all information returns filed with your SSN including Forms W-2, 1099, 3921, etc. This will show you exactly what was reported to the IRS and if any corrections were filed.
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Zoe Papadakis
I'm an accountant and see this ISO reporting issue constantly! One thing to watch out for - there's a difference between what goes on Form 3921 vs what gets reported on your taxes. Form 3921 reports the exercise of ISOs, but doesn't necessarily mean you owe taxes right away. You only trigger regular income tax if you sell the shares before meeting holding period requirements (disqualifying disposition). If you held the shares, you'll probably deal with AMT instead. Make sure your 1040-X amendment correctly reflects your actual situation - not just what's on the Form 3921.
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Jamal Carter
•This is so confusing! So if I exercised ISOs in 2023 but haven't sold the shares, do I still need to file an amendment for 2023 if my Form 3921 was wrong?
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Jacob Smithson
•Good question! If you exercised ISOs in 2023 and are still holding the shares, you likely need to report the bargain element for AMT purposes on Form 6251. Even if the Form 3921 was wrong, you should still file an amended return if the incorrect information affected your AMT calculation. The bargain element (difference between fair market value and exercise price at time of exercise) gets added to your AMT income, which could trigger Alternative Minimum Tax. So yes, you'd want to amend 2023 even if you haven't sold the shares yet. I'd recommend consulting with a tax professional who understands ISO taxation since the AMT calculations can get complex, especially with incorrect Form 3921 data.
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Mason Stone
I'm dealing with a similar Form 3921 discrepancy right now! One thing that helped me was requesting both the "Wage and Income Transcript" AND the "Account Transcript" from the IRS website. Sometimes corrections show up on one but not the other. Also, when you contact your former employer, try to get someone from their stock plan administration team rather than regular HR or payroll. They're usually more knowledgeable about ISO reporting requirements and can better explain any discrepancies. If you're still getting the runaround from your employer, you might want to ask them specifically if they filed any corrected forms with the IRS after your original Form 3921. Sometimes companies discover errors months later and file corrections without notifying employees. Document everything - save emails, notes from phone calls, etc. The IRS appreciates seeing that you made good faith efforts to resolve discrepancies when reviewing amended returns.
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