A.G. has it right, but don't bother attaching an explanation
on your 2005 tax return as no one will read it.

However, you may later be contacted by the IRS concerning
the wage amount you report on your 2005 tax return and the
amount shown on your 2005 Form W-2. At that time, you can
explain what happened, and as proof, tell them to check your
2004 account which will show you reported the the Nov. and
Dec. wages on your 2004 tax return.

Of course, for this to work, you do have to file a tax
return for 2004 for the Nov. and Dec. wages that were
incorrectly reported on your 2005 W-2.

Rudy
www.LizcanoTaxServicesLLC.com

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

sanju wrote:

- quote -

It appears that you have two choices.
1. File your 2005 resident alien tax return that includes 14
months of pay and I assume 14 months of withholding.
2. Subtract the gross pay that you received in 11/04 and
12/04 from your 2005 W-2 and file your 2005 return without
it and attach an explanation. In addition, you must file a
2004 tax return (I assume you didn't file) that includes the
two months of gross pay, pay any tax due plus late payment
and late filing penalties. You would file as a nonresident
alien in 2004 unless you make the first year election to be
treated as a resident alien for 2004.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

I had come to USA in the first week of Nov,2004 on H1-B
visa. At that time my employer used to file my tax returns
as I was given only allowance. But in my case, my employer
did not file tax returns for November 2004 and December 2004
months because as per their records they got my SSN only in
Jan,2005 although I had submitted my SSN to them in early
Dec,2004. As a result of this my W-2 form for year 2005 is
showing pay for Nov,2004 and Dec,2004 months causing
increase in my gross pay for year 2005. Because of the high
gross being shown in my W-2, I owe almost 1900 USD to IRS. I
asked my employer about this and I got a reply that it was
inevitable as they did not got my SSN soon and hence they
could not generate my W-2 for year 2004.

Can someone please guide me here about what my option are in
this case?

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >