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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13337
Experience:  15years with H & R Block. Divisional leader, Instructor
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I lost an employees w 4, can I be in trouble with the law?

Customer Question

I lost an employees w 4, can I be in trouble with the law? The employee states they should have been claiming single and zero but their pay stubs show single and 2.
Submitted: 10 months ago.
Category: Tax
Expert:  Robin D. replied 10 months ago.

Hello

You are required to keep all records of employment taxes for at least four years after filing the 4th quarter for the year. These should be available for IRS review. Copies of employees' and recipients' income tax withholding allowance certificates (Forms W-4) are among those records.

You will not be in trouble with the law for misplacing this W4.

Have the employee complete another W4 and make sure to keep that in the employee's file.

After you view my response, please post below if you need more information or if you need no further clarification a positive rating is appreciated.
I know rating takes an additional step and I truly appreciate it when you take the extra time!

Customer: replied 10 months ago.
What should I do if the employee is persistent? How do I handle the situation? I had them file a new form this year.
Expert:  Robin D. replied 10 months ago.

Ultimately the responsibility to have the correct tax withheld is on the employee. When they file their tax for 2015 they may have additional tax to pay but it is not tax that was increased by the withholding having 2 allowances instead of zero.

They would have paid that tax during the year.

As the situation has been corrected there is nothing else to do. This is not the same as if you never deposited the amounts withheld. It was a mistake.

Expert:  Robin D. replied 10 months ago.

Every worker is responsible for telling his or her employer how many exemptions he or she is entitled to on a Form W-4 -- and for seeing that the employer follows those instructions.

I really enjoyed working with you – please feel free to request me again when you come back to ask another question.
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Customer: replied 10 months ago.
She is saying she never filed out a w4. I had our payroll company correct the w 2 but she is not satisfied. I just want to make sure there is nothing else I need/should be doing? Other than better record keeping!
Expert:  Robin D. replied 10 months ago.

There is nothing you should be doing.

She is not satisfied because she enjoyed the little extra income all year and now sees that she most likely owes it at filing or is getting less of a refund.

The IRS is not going to pay attention to any complaint that she would make.

Yes the records form now on need to be retained but you are not obligated to reimburse her or make any other correction.

Expert:  Robin D. replied 10 months ago.

I hope you see your position now.

Expert:  Robin D. replied 10 months ago.

I really enjoyed working with you – please feel free to request me again when you come back to ask another question.
Rating lets Just Answer know you received an answer which then credits me for my time.

Expert:  Robin D. replied 10 months ago.

Have you completed your questions?