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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29918
Experience:  Taxes, Immigration, Labor Relations
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Last year the IRS contacted my employer and imposed a change

Customer Question

Last year the IRS contacted my employer and imposed a change in my withholding I am married but I am being told I must withhold as single 0 for up to 3 years
can I appeal this decision?
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

If the IRS determines that an employee does not have enough withholding, the IRS notifies your employer 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.

Your employer will be required to take this action no sooner than 45 calendar days after the date of the lock-in letter.

As an employee - you may appeal that decision within 45 days.


You should receive a copy of the lock-in letter, and the IRS gives you some time before the lock-in rate is effective to submit a new Form W-4.

This form must include a statement that explains why you believe you’re entitled to a different withholding rate or number of withholding allowances.

You should send your Form W-4 and supporting documents to the IRS -

Internal Revenue Service Compliance Services Withholding Compliance Unit P.O. Box 9047, Stop 837 Andover, MA 01810-0


Once a lock-in rate is effective, an employer can not decrease withholding unless approved by the IRS.

You won’t be able to decrease your withholding unless the IRS approves it.

Customer: replied 1 year ago.
Can I submit an appeal after the 45 day period ,it's been over a year as it was imposed in March of 2015.
Expert:  Lev replied 1 year ago.

That would not be an Appeal because the lock-in letter is already effective.

Expert:  Lev replied 1 year ago.

But if your circumstances changed - and you are in compliance now - you may ask the IRS to approve different withholding.

Otherwise - the lock-in letter will be effective for three years.

So - you are not appealing the original decision - but asking to approve a different withholding rate.

Still the lock-in letter will be in effect - but withholding rates will be different if approved by the IRS.


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