Excess FICA Tax

[Gary]

I have a client that works for the Marriott. He changed from one Marriott to another. I assume they are different franchises. Both W-2s have the same EIN. Because it has the same EIN number, I cannot recover his excess FICA. TheTaxBook, page 3-10 says that if the employer won't correct the error, the taxpayer can claim a refund by filing Form 843. The instructions for the form state that claims for refunds of FICA tax are no longer made on Form 843. I have never filed one of these.

Please help.

Gary

[gkaiseril]

According to IRS Pub 505 (Rev. January 2010) page 46 Employer Error, the employee needs to get a letter from the employer that they need to ask for a letter from the employer about over collection and then file form 843 with the letter.

[Gary]

Thanks

I didn't read the full instructions for the form. Thanks for the reference to the Pub.

Gary