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Asker

Posted about 14 years ago.

So did i not read right on topic 753. I pulled the following paragraphs directly from the IRS website:

Exemption from Withholding

If an employee qualifies, Form W-4 is also used by the employee to tell you not to deduct any Federal income tax from his or her wages. To qualify for this exempt status, the employee must have had no tax liability for the previous year and must expect to have no tax liability for the current year. However, if the employee can be claimed as a dependent on a parent's or another person's tax return, additional limitations may apply. See the instructions for Form W-4. A Form W-4 claiming exemption from withholding is valid for only one calendar year. To continue to be exempt from withholding in the next year, an employee must give you a new Form W-4 claiming exempt status by February 15 of that year. If the employee does not give you a new Form W-4, withhold tax as if he or she is single, with no withholding allowances. However, if you have an earlier Form W-4 (not claiming exempt status) for this employee that is valid, withhold as you did before.

Invalid Form W-4

Any unauthorized change or addition to Form W-4 makes it invalid. This includes taking out any language by which the employee certifies that the form is correct, material defacing of the form, or any writing on the form other than the entries requested. A Form W-4 is also invalid if, by the date an employee gives it to you, he or she indicates in any way that it is false. When you get an invalid Form W-4, do not use it to determine Federal income tax withholding. Tell the employee that it is invalid and ask for another one. If the employee does not give you a valid one, withhold taxes as if the employee was single and claiming no withholding allowances. However, if you have an earlier Form W-4 for this employee that is valid, withhold as you did before.

Could you please interpret these paragraphs for me if I have misunderstood. Thank You in Advance again.

Dana Whitney Atchley

Dana Whitney Atchley New York Tax Lawyer

Posted about 14 years ago.

You didn't read it correctly. That applies only to a Form W-4 that the employee - you - makes unauthorized changes to.

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Asker

Posted about 14 years ago.

That is exactly what I did.

Dana Whitney Atchley

Dana Whitney Atchley New York Tax Lawyer

Posted about 14 years ago.

So, you modified the Form W-4? If so, then what are you complaining about? The Form is invalid and the employer is not required to rely on it. If that resulted in problems with your tax withholding then you have no one to blame but yourself. Next time, don't change the Form W-4.