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Can my employer change my federal witholding with me filling out a new W-2 form authorizing it?

Sanger, TX |
Filed under: Tax law

According to my pay stub, my employer changed my witholdings from 1/0 to 2/0 without my authorization. I did not notice until 3 paychecks later. Is this legal?

Attorney Answers 3

Posted

You list your dependent information on a Form W4. Your employer is supposed to base his deductions on that information. If there was a mistake, you should bring it to his attention and hopefully he will correct it. If he increased the number of dependents from 1 to 2, then deducted less federal withholding from your check. Its not worth making an issue about it if he is willing to correct it. If you want to make up the missed deductions, you can always ask him to withhold a little extra on your next pay check to get you caught up.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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Posted

The prior attorney offers a very practical solution to your problem. Just be aware that the Form W-4 is signed by you and that is the controlling document. The employer has no right to not follow your specific request as detailed in the Form W-4. This may be a warning as to your employer; keep on top of things and do not trust the employer.

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Posted

Ask your employer why they did this. This will reduce your withholding and cause you to possible have to pay taxes and penalties at the end of the year. You can give your employer a new Form W-4 and ask them to correct your withholding. They should not make these types of changes without notifying you and/or receiving your consent.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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