I have a client with two employers who both use the same PEO. That PEO issued two W2's and withheld the maximum social security on each of them, but they both have the Tax ID of the PEO. Per my research, the employer (PEO in this case) would need to refund the excess because the IRS will not issue a credit to a single employer that over withheld. The PEO refuses as they say they were required to withhold on behalf of two employers. I know I can do a From 843, but in my research the IRS has rejected these due to the single employer issue. The PEO gives all kinds of literature about how they are required to withhold for each client individually and they cannot refund. My client is legitimately owed this excess back. Anyone have any success with overriding this in ProSeries? What exactly did you do? Any success with getting this money back that you could share would be appreciated.
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