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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15597
Experience:  15years with H & R Block. Divisional leader, Instructor
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my son is 16 and working how should he claim his ny state income

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my son is 16 and working how should he claim his ny state income taxes,is he exempt.

Robin D :

Hello and thank you for using Just Answer
For withholding purposes yor son cannot claim exempt if someone else can claim him as a dependent. At 16 I am assuming you are claiming your son still as a dependent. Please make sure that you son fills out his W4 for withholding as Single and 0 so the correct amount of withholding will be calculated.

Customer:

he is claiming 0 but i recieved a letter from his employer that he is currently claiming exempt from ny state tax withholding,and i noticed he wasn't getting anything taken out of his paycheck for state tax .they gave me a it-2104 form for this up comming year

Robin D :

Yes, he needs to mark that also as Single. He is not exempt fform withholding on either federal or state. If he does not make more than $3000 then he is not required to file a return for NY but he would want to if he can get back some or possibly all of his withholding. The IT-2104 is the withholding form for NY.

Robin D :

He is not exempt from withholding.

Robin D :

Now if he worked last year and had no tax liability for NY and is still a student then you can mark exempt on;ly on the NY but if he expects to make more than $3000 for the year do not do that

Robin D :

Dependents get really upset when they find they owe at tax time and it usually falls to us parents to pay that tax for them

Robin D :

I know that above seems contradictory but if he is going to be making over the $3000 (gross) for the year do not use exempt

Robin D :

Actually the employer should have been withholding the same as federal W4 if your son did not fill out an IT-2104 before now. That is NY law.

Customer:

he started in august and i'm not sure how much he's made for the year,if it is less than 3000 wil i be ok? i know he will make more than that this year so i will not claim exempt,not even sure why he was exempt in the first place my wife must have filled out somthing that caused that to happen.the letter from employer says if i do nothing it will go to the defalt setting of single 0 no exemptions.

Robin D :

The employer is following law, so if you do nothing they will withhold at the rate for Single and o dependents (like for federal). If he made less than $3000 then he is not required to file a NY return and with no withholding there would be nothing that he could get refunded. Make sure when you do his federal return that it is marked "YES" that he is claimed a s dependent. This is the major error on student's returns usually causing the parent a headache when they go to file their return and claim the child. The parent's return gets rejected by e-file and then the child must amend their return so the parent can claim them and the headache and hassel goes on and on.

Customer:

So would you recommend at this point I contact his employer to change his status for NYS tax because the default setting they are talking about sounds like it wouldn't take affect until May?

Robin D :

Go ahead and help him fill out the IT-2104 to reflect the correct withholding. The change should happen sooner than May. Usually in the next pay period whne the form is given to employer.

Robin D :

I hope the information is helpful and thank you in advance for clicking ACCEPT. You can always come back here and access this info. Happy New Year

Customer:

the form seems pretty straight forward,i should put total number of allowances for new york as 0,and in the lines for additional withholding leave blank.

Robin D :

Correct

Customer:

thanks for your help and your patience,i feel alittle bit dumb right now ,but problem solved.1 more thing if he has made more than 3000 there will probably be a liability right?i think it will be close if he has.

Robin D :

Yes he could have a tax liability but until you know what he made could not say for sure.

Robin D :

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