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AstroAdventurer

Penalties for late corrected W2 from employer - am I responsible?

My wife got a corrected W2 from her former employer in late August, showing about $4,000 more income than the original W2 they sent back in January. We filed an amended return right away once we got it, but now we're getting hit with penalty notices from both the IRS and state tax department for late payment plus interest charges. This feels super unfair. Why should we be penalized when the employer messed up their reporting? Shouldn't they be responsible for these fees since they're the ones who sent the incorrect W2 initially? It's not like we were trying to hide income or anything. To make things more complicated, my wife doesn't work for this company anymore, so trying to get them to help with this has been a nightmare of unreturned calls and emails. I called our state tax office yesterday and they agreed to waive the penalty portion but said we still have to pay the interest. I also called the IRS and spent like 45 minutes on hold before someone told me to file Form 843 to request abatement. Has anyone dealt with this before? Any advice on getting these penalties waived completely?

This is unfortunately a common issue with corrected W2s. While it may seem unfair, the IRS generally considers taxpayers responsible for paying any taxes owed regardless of why they were filed late. However, you're taking the right steps to address it. Form 843 is indeed what you need to request an abatement from the IRS. Make sure you clearly explain the circumstances - that you received a corrected W2 late from the employer and filed your amended return immediately upon receipt. Include documentation showing when you received the corrected W2 if possible. The IRS does have a "reasonable cause" exception for penalties, and your situation often qualifies. They're generally more willing to waive penalties than interest, since interest is considered compensation to the government for not having the money when it was due.

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How long does the Form 843 process usually take? OP mentioned they already filed it, but I'm in a similar situation and wondering if I should expect to wait weeks or months for a response.

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The Form 843 process typically takes 8-12 weeks for the IRS to review and make a determination, though it can sometimes take longer during busy periods or if your case is complex. If you're in a similar situation, I recommend filing the Form 843 as soon as possible and including any documentation that supports your case, such as a copy of the corrected W2 with the date you received it and proof that you filed your amendment promptly.

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I went through almost this exact situation last year and found a solution that worked really well. After getting frustrated with the IRS hotline, I used https://taxr.ai to help analyze my situation. They have a really helpful feature that scans your tax documents and provides guidance for exactly these kinds of scenarios. Their system confirmed that I qualified for penalty abatement under the IRS First Time Penalty Abatement policy, which I didn't even know about. They also generated a detailed letter explaining why the penalties should be waived based on my specific situation with the late W2 correction.

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Did they help with the actual filing process or just give you information? I'm dealing with something similar with a corrected 1099 that came late.

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I'm skeptical about these services. How do they have any more pull with the IRS than just filing the Form 843 yourself? Sounds like they just tell you what form to file, which the IRS already told OP.

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They don't file documents for you, but they analyze your situation and create customized documentation that significantly strengthens your case. In my situation, they identified specific IRS regulations and precedents that applied to my late W2 correction that I wouldn't have known about. The biggest value was that they created a personalized letter citing the relevant tax codes and regulations that apply specifically to employer errors on W2s. They don't have special "pull" with the IRS, but having the right language and citations makes a huge difference in how your case is evaluated.

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Just wanted to update - I was skeptical about taxr.ai but decided to try it since my situation with late corrections was getting complicated. I'm actually impressed with how it worked. Their system analyzed my documents and identified that I qualified for both First Time Penalty Abatement AND reasonable cause abatement due to the employer error. They created all the documentation I needed including specific IRS procedure citations that I definitely wouldn't have known about. My penalties were fully waived within 3 weeks of submitting everything. Definitely worth it for anyone dealing with this frustrating situation.

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If you're still having trouble reaching someone at the IRS about this (which is likely), I'd recommend trying https://claimyr.com - I was in the exact same position with penalties from a corrected W2 last year and spent WEEKS trying to get through to an actual person at the IRS. You can see how it works here: https://youtu.be/_kiP6q8DX5c Basically, they hold your place in the IRS phone queue and call you when an actual agent picks up. Saved me literally hours of hold time, and I was able to explain my situation directly to someone who could help. The IRS agent I spoke with immediately understood the issue and helped process my abatement request on the spot.

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Wait how does this even work? The IRS can't even answer their own phones but somehow a third party service can get you through the queue faster? Sounds fishy to me.

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I tried calling the IRS 5 times last month about my amended return and never got through. Does this service actually guarantee you'll talk to someone or do they just try the same phone numbers we all have access to?

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It's not that they have special access to the IRS. They use technology to wait in the phone queue for you, which can be hours long. Their system monitors the hold music and when it detects that an agent has picked up, it immediately calls you and connects you to that agent. You don't have to physically stay on hold. They just call the same IRS numbers everyone else uses, but their technology does the waiting for you so you don't have to sit there listening to the hold music for 2+ hours. I was initially skeptical too, but it works because they're just solving the wait time problem, not claiming to have special access.

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Update on my skepticism: I actually broke down and tried Claimyr last week after my 6th failed attempt to reach the IRS. Holy crap it actually works! Got connected to an IRS agent in about 45 minutes without having to sit on hold. The agent was super helpful about my corrected W2 situation and processed my reasonable cause request immediately. I was 100% convinced this was some kind of scam, but I was desperate. The system just calls you when an actual human picks up. My penalty was removed and I only had to pay the interest. Saved me over $400 in penalties. Sometimes I hate being wrong but in this case I'm glad I was!

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From my experience working with taxes, your former employer should definitely be advocating for you on this. Even though communication is difficult because your wife no longer works there, I'd suggest sending a formal written request (email and certified mail) to their payroll department explaining that their error has resulted in penalties for you. Ask them specifically to either pay the penalties or provide a formal letter acknowledging their error and when they sent the corrected W2, which you can include with your Form 843. Many companies will help with this when formally requested because their error created the issue.

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Thanks for this advice. We hadn't thought about asking them to provide a formal letter acknowledging the error. Would a letter like that significantly improve our chances with the IRS when we submit Form 843?

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Yes, a formal letter from the employer can make a substantial difference with your Form 843 request. The IRS is much more likely to approve penalty abatement when there's documentation from a third party (in this case, the employer) confirming that the delay was caused by their error and outside your control. Make sure the letter specifically states when they discovered their error, when they issued the corrected W2, and acknowledges that this timeframe left you unable to file or pay on time through no fault of your own. This establishes "reasonable cause" which is exactly what the IRS looks for in abatement requests.

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Has anyone successfully gotten both penalties AND interest waived in this situation? My accountant told me interest is almost never waived, even when the late filing wasn't your fault.

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Your accountant is mostly right. In my experience, the IRS considers interest to be compensation for the time they didn't have the money, not a punishment. They'll waive penalties for reasonable cause, but interest is almost never waived unless there was an actual IRS error involved.

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I went through this exact situation two years ago and it's absolutely maddening. You're right that it feels unfair - you did everything correctly once you received the corrected information. Here's what worked for me: When filing Form 843, be very specific about the timeline. Include copies of both W2s with dates received, your original return filing date, and your amended return filing date. The IRS wants to see that you acted promptly once you had the correct information. Also, don't give up on the employer angle. I sent a certified letter to HR demanding they provide documentation of their error and the correction timeline. They initially ignored me, but when I mentioned potential legal action for their negligence causing me financial harm, they suddenly became very cooperative and provided a formal letter acknowledging their mistake. The key phrase to use in your Form 843 is "reasonable cause due to circumstances beyond taxpayer's control." The IRS has specific guidelines that employer reporting errors fall under this category. Good luck - this situation is frustrating but definitely winnable with the right documentation.

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This is really helpful advice! I'm curious about the legal action angle you mentioned - what kind of legal grounds would someone have against an employer for their W2 errors causing penalties? Did you actually consult with a lawyer or was it more of a bluff to get them to cooperate? I'm dealing with a similar situation where my former employer is completely unresponsive and wondering if I should escalate beyond just asking nicely.

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@f0a5c9e0aa63 I'd love to know more about this too! My former employer has been completely ghosting me for months about their W2 error that's cost me over $800 in penalties so far. Were you actually prepared to follow through on legal action, or did just mentioning it get them to respond? I'm wondering if there's any real legal precedent for holding employers liable for tax penalties caused by their reporting mistakes.

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@f0a5c9e0aa63 I actually did consult with an employment attorney about this situation. While employers aren't directly liable for your tax penalties, they can be held responsible for damages caused by their negligent handling of tax documents under certain circumstances. The key is that their error must have directly caused you financial harm that you couldn't have reasonably avoided. In my case, I wasn't bluffing - I had documentation showing they knew about the error months before issuing the correction, which strengthened my position. Most employers will cooperate once they realize the potential liability exposure. If your former employer continues to ignore you, I'd recommend sending a demand letter via certified mail outlining the financial harm their error has caused and requesting they provide documentation or compensation. Many will respond to avoid potential legal complications.

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I'm dealing with a very similar situation right now - got a corrected W2 in September that added $3,200 in income, and now I'm facing penalties from both federal and state. It's incredibly frustrating when you're being penalized for someone else's mistake. One thing I discovered that might help others in this thread: if your former employer is being unresponsive, you can also file a complaint with your state's Department of Labor. Many states have regulations requiring employers to provide accurate and timely tax documents, and they can sometimes pressure the employer to cooperate or provide the documentation you need for your penalty abatement request. Also, when you file Form 843, make sure to include a timeline showing exactly when you received each document and when you took action. The IRS really wants to see that you acted in good faith and as quickly as possible once you had the correct information. I included screenshots of my email timestamps and certified mail receipts to prove when I received the corrected W2. Keep fighting this - you shouldn't have to pay penalties for your employer's error!

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