The IRS issued an Information Letter providing additional guidance to individuals of a same-sex marriage, particularly relating to obtaining refunds of over-withheld taxes for amounts paid for health coverage of a same-sex spouse. The guidance directs the individual to asking his/her employer for a revised Form W-2. It is important to note that the employer is not obligated to proactively provide the revised W-2; thus, relieving the employer discerning who might be in a same-sex marriage. However, it is appropriate to do so upon request. If an individual cannot obtain a revised W-2 from his/her employer, the individual is directed to complete Form 4852 and attach it to his/her return (Form 1040).
This Letter also directs the employee to ask his/her employer whether the employer will be seeking a refund of over-paid FICA taxes (see Social Security and Medicare Tax Refunds for Same-Sex Marriage Couples, Benefit Beat, 12/11/13).
Access articles and tools to help your business generate cash, improve leverage, and align & transform as you recover from the pandemic.
Access all COVID-19 related articles to help your business respond to the pandemic.