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Do NYC employers have a legal responsibility to correct in an incorrect w2. For 2012 in a timely fashion.

Westtown, NY |

Also my accountant told me I would have to pay a sum of $10,000 in taxes (federal and state) for taking out a NYC pension loan for $25,000. Is that reasonable.

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Attorney answers 4


Generally yes. An incorrect W2 must be fixed.

Ryan Finn * 518.213.0115 * * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases


Yes, an employer must correct a W2 if it is wrong. If the pension loan was taxable income, yes you should withhold taxes for it.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:


I cannot speak as to your tax question, but all employers have a legal duty to correct incorrect W-2 forms. Contact the IRS and New York State Department of Taxation immediately if your employer refuses to do so.

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I am assuming that you are saying that you have taxable income for 2012 in the amount of $25,000 due to the fact that you defaulted on a loan from your pension plan with a $25,000 balance outstanding. Pension loans that are repaid in a timely manner do not generate taxable income, however, hardship distributions, which are not repayable to the plan, do generate federal and state income tax and generally also a 10% federal early distribution penalty tax. If defaulting on a loan from a tax-qualified pension plan and having to recognize $25,000 in additional income for 2012 is the issue and this is what is generating the extra $10,000 in tax liability (federal income tax, state income tax, plus applicable penalty tax), then you need to make payment to the IRS and the relevant state tax authorities in a timely manner or else face additional penalties and interest charges.

Note, however, that your Form W-2 supplied by your employer may NOT be incorrect simply because it does not rec=flect the $25,000 defaulted loan amount as additional taxable income on Box 1 (wages) or on any other box of Form W-2. employers and their pension plans report plan distributions, including defaulted loan amounts, which are deemed "constructive distributions" on Form 1099-R, not on Form W-2. You may wish to ask your employer's payroll department or accountant if they pan to send you a Form 1099-R reflecting the additional income from the defaulted pensin loan if this is indeed what occurred--I'm kind of surmizing from your question that this is the case.