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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1408
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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My last employer admittedly held a 2,000 dollar federal tax

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My last employer admittedly held a 2,000 dollar federal tax deduction mistake out of my last check not following the W4 I have on file with them creating a shortage of my pay. After bringing it to there attention they are telling me there policy is not to make tax adjustments.(even if it was a mistake) and will not adjust it to pay me the money owed. Is that legal or do I have any recourse ?

Jax Tax :

Welcome to JA.

Customer:

Hi

Jax Tax :

There are two issues here. The tax matter and the civil matter. I will address the tax matter first

Customer:

ok

Jax Tax :

The employer cannot adjust the tax withheld as the withholding is paid over to the IRS or State when withheld. Simply, they no longer have it.

Jax Tax :

It will be given back to you when you file your return as a refund or reductio. In what you owe.

Customer:

adjustment can not be filed on there next reporting

Customer:

?

Jax Tax :

Now, if they did in fact over withold, you do have a civil claim so long as you can pro e damages. The $2000 is not damages as you will claim it when you file. Damages would be financial costs that yo can prove directly resulted from not having the money.

Jax Tax :

Damages are likely under $5000 so small claims would be your best option.

Jax Tax :

I am a tax specialist and don't know much about civil practice but the clerk of the court will provide all needed forms to file in small claims.

Customer:

the reason i ask is my wife is a payroll prof and she said she has done the adjustment before but they dont like too

Jax Tax :

The adjustment cannot be filed on their next reporting as timing is significant. Small claims is your best option to address financial damages.

Customer:

ok thank you

Jax Tax :

The adjustment would be improper. Could technically be done if they infact do their own payroll. If they use a company such as ADP, it is realistically not going to happen.

Jax Tax :

So yes, they could technically do so if it is completely within their control.

Jax Tax :

Another option. Change the W4 you have on file to Married 10 until it is made up then change it back. That would work!

Jax Tax :

Yes, adjusting your W4 is the best and qui kest option.

Customer:

but they probably wont and not legally obligated too I guess ?

Customer:

second option is a good idea ...thanks

Jax Tax :

You likely can do so online if you have online access to your payroll system.

Jax Tax :

Great idea?

Customer:

I do thanks for you help.

Jax Tax and 4 other Tax Specialists are ready to help you