NO they may not.
You should have them give you another W-4 and complete it
Now, what you're doing COULD have the effect of an underpayment penalty by the IRS
further IRS can require what's called backup withholding, but there would have to have been notice provided for that
Here's the law:
An employer can lawfully withhold amounts from an employee’s wages only: (1) when required or empowered to do so by state or federal law, or (2) when a deduction is expressly authorized in writing by the employee to cover insurance premiums, benefit plan contributions or other deductions not amounting to a rebate on the employee’s wages, or (3) when a deduction to cover health, welfare, or pension contributions is expressly authorized by a wage or collective bargaining agreement
Backup withholding? I have received no such notice from employer.
Right, so in that case they cannot
See this from and IRS manual for employERS
Q1: In the past, as an employer, I was required to submit all Forms W-4 that claimed complete exemption from withholding (when $200 or more in weekly wages were regularly expected) or claimed more than 10 allowances. What Forms W-4 do I now have to submit to the IRS?A1: Employers are no longer required to routinely submit Forms W-4 to the IRS. However, in certain circumstances, the IRS may direct you to submit copies of Forms W-4 for certain employees in order to ensure that the employees have adequate withholding. You are now required to submit the Forms W-4 to IRS only if directed to do so in a written notice or pursuant to specified criteria set forth in future published guidance.
For your edification, here's the IRS web site on that:
Thank you, XXXXX XXXXX I have visited that site already on a google search.
Sure, botXXXXX XXXXXne? YOU may only authorize withholding by writing... and the way you do that is through the w-4 form
And the only W-4 I have completed is when I first started working for them.
Did you see the link I provided/
I would print it take it to HR and say "Here's my W-4 ... looks like someone has changed my withholding without my authorization," etc.
OK. The link is not working. Getting a 404 error.
BUT, just to help you potentially see around some corners, the issue (probably stating the obvious) can creat some underpayment penalties... unless of course you have knowledge of other losses, or a change in income that will even things out for the year
OK hang on just one second
Try that ... and if that doesn't work, here's the irs site where you can download it
there we go...
I actually conppleted this earlier this week with that intent in mind.
You might want to direct them to the IRS guidance for employers ... help them understand that this is between you and IRS
Also, all the links here will stay active, if you want to bookmark to come back for reference
So I suppose I can request all W-4 forms my employer has on record, correct?
Absolutely, those are you instructions to them
Very well, then.
FYI, see the last question NO 13 on that employer manual:
Q13: What if I don’t want to submit a Form W-4 to my employer?A13: Your employer is required to withhold income tax from your wages as if you are single with zero allowances if you do not submit a Form W-4.
They may try to claim that you neve filed one with them ... but copies of previous paystubs should put that one to bed
... just trying to think of anything tht may come up
I think you have the extent of my wisdom :)
None. Thank you for your help!
One more thought.... IF they ty to play hardball, tell them that they have breached their fiduciary duty
... just as if they had not contributed to a 401(K) plan, at your direction, for example
Ok...I don't think it will get to that but good to know.
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Yes it certainly has. Now I know what to arm myself with when I return to HR and discuss this. It seemed to me they did not understand the problem at all when I first approached them.
...very possible. ... wouldn't be the first time
Good luck with it!
Thanks so much for the rating Joe!
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