Have a Tax Question? Ask a Tax Expert
Welcome to JA.
There are two issues here. The tax matter and the civil matter. I will address the tax matter first
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.
It will be given back to you when you file your return as a refund or reductio. In what you owe.
adjustment can not be filed on there next reporting
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.
Damages are likely under $5000 so small claims would be your best option.
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.
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
The adjustment cannot be filed on their next reporting as timing is significant. Small claims is your best option to address financial damages.
ok thank you
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.
So yes, they could technically do so if it is completely within their control.
Another option. Change the W4 you have on file to Married 10 until it is made up then change it back. That would work!
Yes, adjusting your W4 is the best and qui kest option.
but they probably wont and not legally obligated too I guess ?
second option is a good idea ...thanks
You likely can do so online if you have online access to your payroll system.
I do thanks for you help.