Fringe Benefit on W2 not Accurate - How to Correct Vehicle Personal Use Calculation?
I'm a field sales rep and my company provides me with a vehicle that I use for both work and some personal driving. We have to fill out an annual form stating our personal miles, and those count as a taxable fringe benefit. The company policy clearly states that if we miss the deadline, we get taxed as if 100% of our miles were personal use. Well, I messed up. I thought I submitted the form on time, but apparently they never got it. My W2 now shows $8,200 in auto fringe/autofuel benefits when in previous years it was only like $500-600. I drove a total of 19,350 miles this year, and honestly only about 12-15% were personal - the rest was all work-related travel. This $8,200 taxable benefit completely wiped out the $4,000 refund I was expecting and now I OWE $2,300! I contacted our corporate payroll guy and he basically said "too bad, you missed the deadline" and refused to issue a corrected W2. He mentioned something about a tax form I could submit with my return but wouldn't tell me what it was. I went to H&R Block and they said there's nothing they can do on their end. I'm obviously upset since this is MY money we're talking about! Does anyone know if there's a form I can file or something to get this fixed? Or am I just screwed because I missed a deadline?
20 comments


Keisha Robinson
I understand your frustration - this is definitely a tough situation. What you're looking for is Form 8919, "Uncollected Social Security and Medicare Tax on Wages." This allows you to report wages that weren't properly reported on your W-2. In your case, you'd need to explain that while your employer correctly included the fringe benefit in your income, the amount is incorrect based on your actual personal use. The tricky part is that your employer has a documented policy about the 100% personal use default when forms aren't submitted on time. I'd recommend first trying once more with your payroll department - bring documentation of your mileage (gas receipts, service records, anything showing the split between business/personal). Sometimes a face-to-face conversation works better than email. If they still won't budge, you could consider filing Form 8275 "Disclosure Statement" with your return. This form lets you explain discrepancies or positions that might raise IRS questions. You'd explain the situation and your actual personal use percentage.
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Yara Nassar
•Thanks for the advice! I do have my mileage log showing all my client visits and work travel. Do you think the Form 8275 would actually work in this case, or would the IRS just side with my employer since they have that policy about missed deadlines? I worry about triggering an audit or something worse. Also, would I need to file the Form 8919 AND the Form 8275, or just one of them? I've never had to file anything like this before.
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Keisha Robinson
•Form 8275 would be your best option since this is a disclosure issue rather than uncollected taxes. The IRS might side with your employer due to their documented policy, but the disclosure protects you from penalties for taking a position contrary to your W-2. Filing Form 8275 with detailed documentation (including your mileage log showing client visits) gives you reasonable grounds to claim the correct amount. It doesn't guarantee success, but it properly documents your position and shows good faith. This isn't likely to trigger an audit on its own - it's more likely to prevent one by explaining the discrepancy upfront.
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GalaxyGuardian
I had a really similar problem last year with incorrect fringe benefits on my W-2 (mine was for education benefits). I spent HOURS trying to get my company to fix it with no luck. Then I found taxr.ai (https://taxr.ai) and it totally saved me. Their system analyzed my documentation and gave me a perfect explanation of exactly how to handle the situation. They specifically helped me understand which forms to file and how to document everything so the IRS wouldn't flag my return. The best part was that they explained exactly what to say to my employer - which actually got me halfway to a solution before I even needed to file the extra forms. Their AI reviewed my actual paystubs, benefit statements, and company policy docs to create a customized solution. Might be worth checking out since this is such a specific situation.
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Paolo Ricci
•Does taxr.ai actually work for vehicle fringe benefit issues specifically? I'm having a similar issue but with a company vehicle allowance rather than a provided car. Would their system understand the difference between these situations?
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Amina Toure
•I'm skeptical about these AI tax tools... Did you have to talk to an actual tax professional at any point or was it all just automated? My situation is always complicated and I worry that AI wouldn't understand all the nuances.
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GalaxyGuardian
•For vehicle fringe benefits specifically, yes, it worked great! The system understood the difference between provided vehicles versus allowances. It asked me specific questions about my situation and then provided tailored guidance. Regarding the AI versus human question, it was primarily automated analysis, but the reports it generated were incredibly detailed and specific to my situation. The AI actually caught details that my human tax preparer missed. You can always take their analysis to a human tax pro afterward if you're uncertain about anything.
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Paolo Ricci
Just wanted to follow up - I finally tried taxr.ai for my vehicle allowance issue and wow! It identified exactly where my employer made the calculation error and generated a letter that I could send to my payroll department. The system walked me through uploading my company vehicle policy, pay stubs, and mileage logs. It then created a detailed analysis showing that my employer had applied an incorrect valuation method. I sent the report to my payroll department and they're actually issuing a corrected W-2 now! What impressed me most was how it explained the different valuation methods for vehicle fringe benefits (FAVR vs. cents-per-mile vs. annual lease value) and showed which one should have been applied in my case. Really worth checking out if anyone else has this problem.
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Oliver Zimmermann
I had almost the exact same issue last year, but with a different fringe benefit. After weeks of getting nowhere with HR and payroll, I used Claimyr (https://claimyr.com) to get through to an actual IRS agent. They have this service that basically waits on hold with the IRS for you and then calls you when an agent is available - here's a video showing how it works: https://youtu.be/_kiP6q8DX5c I was super skeptical at first because getting through to the IRS seems impossible these days, but I got connected to an agent within about 2 hours (after previously waiting on hold for 4+ hours myself and getting disconnected). The IRS agent walked me through exactly what forms to file and how to document the situation. Turns out in cases like this where your employer won't correct the W-2, the IRS actually has specific procedures. The agent was surprisingly helpful and made the whole process much less stressful.
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Natasha Volkova
•Wait, how does this actually work? Do they literally just wait on hold for you? And does the IRS actually help with employer disputes like this? I always thought they just collected taxes and wouldn't get involved in disagreements with employers.
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Javier Torres
•Sorry but this sounds like BS. I've tried calling the IRS multiple times and they NEVER help with W-2 disputes. They just tell you to work it out with your employer. Why would they help you when they didn't help me?
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Oliver Zimmermann
•They literally wait on hold for you - it's that simple. When an agent is finally available (which can take hours), they call you and connect you directly to the agent. No more sitting with your phone on speaker all day. The IRS absolutely can help with W-2 disputes, but it depends on who you talk to and how you explain the situation. They won't directly intervene with your employer, but they will explain the proper procedure for filing your taxes when you have an incorrect W-2. In my case, they explained exactly how to file Form 4852 (Substitute for W-2) along with my documentation, which is exactly what I needed.
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Javier Torres
I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it anyway since nothing else was working. Got connected to an IRS agent in about 90 minutes after trying for DAYS on my own. The agent explained that Form 4852 "Substitute for Form W-2" was exactly what I needed for my situation. They walked me through how to complete it properly to report the correct fringe benefit amount rather than what my employer reported. I also needed to attach a statement explaining why I was filing a substitute W-2 and documentation supporting my claimed amount. I filed my return with the corrected information two weeks ago and already got my refund! I can't believe I wasted so much time trying to get my employer to fix their mistake when this solution existed all along.
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Emma Davis
You could also try filing Form 843 "Claim for Refund and Request for Abatement" for the excess Social Security and Medicare taxes you paid on the inflated amount. I had to do this a few years back when my employer incorrectly classified a reimbursement as taxable income. Keep in mind that you'll need substantial documentation though - mileage logs, gas receipts, maintenance records, etc. The more proof you have of the business vs. personal use split, the better your chances.
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CosmicCaptain
•Form 843 won't work for income tax issues though, right? I thought that was only for requesting refunds of excess FICA taxes, not for correcting income reporting on a W-2. Wouldn't they need to file an amended return instead?
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Emma Davis
•You're absolutely right that Form 843 is specifically for the FICA taxes (Social Security and Medicare), not for the income tax portion. For the income tax correction, they would need to file their return with the correct information and include Form 4852 as a substitute W-2 with the proper fringe benefit amount, along with an explanation. The Form 843 would be separate and specifically for recovering the excess FICA taxes withheld on the inflated fringe benefit amount.
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Malik Johnson
Has anyone actually successfully challenged their employer's fringe benefit calculation after missing a deadline? My company has a similar policy and I've been told it's legally binding since we agree to it as a condition of having the company car.
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Isabella Ferreira
•I actually won a similar dispute last year. The key was proving I had submitted the form but it got lost in their system. I had an email confirmation that I'd submitted something on the due date (though it didn't specifically say what was attached). If you don't have proof of submission, it's much harder, but you can still file your taxes with the correct amount and be prepared to defend your position if audited.
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Andre Laurent
I'm dealing with a very similar situation right now! My company has the exact same policy - miss the deadline and they default to 100% personal use. It's so frustrating when you know the actual numbers are completely different. From what I've researched, you have a few options: 1. **File Form 4852 (Substitute W-2)** - This lets you report the correct fringe benefit amount on your tax return, but you'll need solid documentation of your actual business vs personal mileage split. 2. **Document everything** - Since you mentioned you have records of client visits and work travel, make sure you have a complete mileage log, gas receipts, maintenance records, anything that proves the business use percentage. 3. **One more attempt with payroll** - Try going up the chain or bringing in HR. Sometimes different people interpret policies differently, and if you can show you made a good faith effort to submit on time, they might reconsider. The worst case scenario is you file with the corrected information and deal with any IRS questions if they arise. But with proper documentation, you should be able to defend your position. The IRS cares about the actual facts, not just your employer's internal policies. Don't give up - $8,200 in incorrect fringe benefits is definitely worth fighting for!
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Lucas Notre-Dame
•This is really helpful advice! I'm curious about the Form 4852 route - do you know if there's a specific threshold or percentage difference that makes it worth filing? Like, would the IRS question it if someone claims only 12-15% personal use when their employer reported 100%? That's such a huge discrepancy that I worry it might raise red flags, even with good documentation. Also, has anyone here actually filed a Form 4852 for vehicle fringe benefits specifically? I'd love to hear about the experience and whether the IRS accepted the corrected amounts without too much hassle.
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