Due to a paperwork mixup of my own doing (incorrectly added her as a domestic partner), a year's worth of insurance premiums paid on behalf of my wife were deducted post-tax instead of pre-tax.

The amounts are about 4,000 this year and about 2,000 last year.

My employer's payroll company cannot re-issue any payroll and cannot generate a corrected 1099.

Am I correct in assuming that I overpaid taxes for last year and this year? What is my recourse if I can't get corrected paperwork?

  • Correcting an erroneous 1099 once you are aware of it is not optional. They are violating the law by not correcting that 1099. If you can compute the correct values yourself when you file your taxes, do so. Include a statement that the issuer acknowledged the error but refused to correct it, citing technical inability. – David Schwartz Sep 20 '16 at 4:34
  • Bite the bullet for last year (2015) taxes. You might need to bite the bullet for this year's contributions too, but maybe not since the W-2 for 2016 is still in the future. But make sure that from now onwards till the end of 2016, the insurance premiums for your spouse are indeed being shown correctly as pre-tax on your paystubs. – Dilip Sarwate Sep 20 '16 at 21:10

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