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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29655
Experience:  Taxes, Immigration, Labor Relations
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Can the IRS change my W4 deductions without my consent

Resolved Question:

Can the IRS change my W4 deductions without my consent?
Submitted: 8 years ago.
Category: Tax
Expert:  Lev replied 8 years ago.

Yes - there is a certain procedure for that but from my practice it is used very rare.


In the past - employers were required to routinely submit Forms W-4 to the IRS. That requirement was repealed.

However, in certain circumstances, the IRS may direct your employer to submit copies of Forms W-4 for certain employees in order to ensure that the employees have adequate withholding.


If the IRS determines that an employee does not have enough withholding, the employer will be notified to increase the amount of withholding tax by issuing a "lock-in" letter that specifies the maximum number of withholding allowances permitted for the employee.


The IRS also sends a copy for the employee that identifies the maximum number of withholding exemptions permitted and the process by which the employee can provide additional information to the IRS for purposes of determining the appropriate number of withholding exemptions.

The employee is given a period of time before the lock-in rate is effective to submit for approval to the IRS a new Form W-4 and a statement supporting the claims made on the Form W-4 that would decrease federal income tax withholding. The employee must send the Form W-4 and statement directly to the IRS office designated on the lock-in letter.

The employer must withhold tax in accordance with the lock-in letter as of the date specified in the lock-in letter, unless otherwise notified by the IRS.

The employer would be required to take this action no sooner than 45 calendar days after the date of the lock-in letter. Once a lock-in rate is effective, an employer can not decrease withholding unless approved by the IRS.


Let me know if you need any help.


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