My spouse left a job overseas last year, and we did not get the w2 until after we had filed. We still had access to the pay information, so our return was based on all that. We discovered that his former company added a 3K payment from 2019 to our 2023 total wages (box 1) because they were "reconciling their books." Now our return is delayed (I'm assuming because the w2 info does not match). Here are my questions:
1) Can they even legally add this income to the 2023 return since it is from 2019? Shouldn't they have to file a corrected W2? (We have already requested this and they refuse to.)
2) They apparently did not take out taxes from this payment back in 2019. Wouldn't they be responsible for the employer portion of the taxes owed and to deduct it from our payment prior to disbursing it?
3) Is there a statute of limitations as to how far back amended taxes can be filed or w2 corrections?
I believe our next step is to file a W2 complaint, but I also wanted to get clarification first on the legality of their actions and any other steps we should be taking to get this resolved while holding them accountable.
