Employer will not issue a W2-C

[iamme]

As a result of the fiscal cliffnegotiations, the amount of wages exempt from federal tax and soc. sec/ficataxes was retroactively increased. My employer will not be making anyadjustments to our W2's and will not be reimbursing us in any way. Is there away to get an adjustment or refund for the extra taxes paid as a result?
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[Rocky Mtn Saver]

I don't recall the 2012 caps for FICA, SS, or Medicare being part of the discussion at the end of the year. Maybe I missed something?

[TheOtherMe]

RockyMtnSaver, you did not miss anything.  The 2% payroll "holiday" ended.  It was put in place for two years and not discussed as part of the fiscal cliff.  

Is that the question?  Or are we missing what you are asking?

[iamme]

What I am trying to say is my taxable wages should have been reduced more than they were And I believe this affects the Social Security and fica as well ? So for example if my monthly taxable wages were 2000 but were reduced by $125 due to commuter deduction taxable wages are now 1875. The retro amount to 1/1/2012 allows 240 per month for commuter exemption so my taxable wages should have been 1760.

[Rocky Mtn Saver]

You mean the parking fringe benefit exclusion?

From Publication 17:

Transportation

If your employer provides you with a qualified transportation fringe benefit, it can be excluded from your income, up to certain limits. A qualified transportation fringe benefit is:

• Transportation in a commuter highway vehicle (such as a van) between your home and work place,

• A transit pass,

• Qualified parking, or

• Qualified bicycle commuting reimbursement.

Cash reimbursement by your employer for these expenses under a bona fide reimbursement arrangement also is excludable. However, cash reimbursement for a transit pass is excludable only if a voucher or similar item that can be exchanged only for a transit pass is not readily available for direct distribution to you.

Exclusion limit. The exclusion for commuter vehicle transportation and transit pass fringe benefits cannot be more than $125 a month.

The exclusion for the qualified parking fringe benefit cannot be more than $240 a month.

The exclusion for qualified bicycle commuting in a calendar year is $20 multiplied by the number of qualified bicycle commuting months that year.

If the benefits have a value that is more than these limits, the excess must be included in your income. You are not entitled to these exclusions if the reimbursements are made under a compensation reduction agreement.

[iamme]

Yes

[Rocky Mtn Saver]

The question would be, how much was your actual fringe benefit every month in 2012?  That amount, up to the exclusion limist, should not have been included in your 2012 gross income. 

[iamme]

Actual was 212 per month and I understand that but was using the 240 as an example. Either way my employer is not going to do anything to correct this. Is there anything I can do?

[mwcpa]

quick read on the subject...

www.journalofaccountancy.com/News/20137197.htm

Congress, once again, being the opposite of Progress....

This can be very costly to the employer to implement.....