Asked about 1 year ago - Olney, MD
FlagI filed exempt on my w4 in 2005 after taking bad advice from someone (I know, I know stupid). I did not fill a w4 for the two following years. With direct deposit I didn't realize that my employer at the time hadn't returned my filing status back to the previous years. Don't I have to file exempt on a new W4 each year? If I don't isn't the employer obligated by the IRS to return and employee back to previous years filing status or single? If so, can the employer be held responsible? Thank you in advanced for any help.
I agree with Attorney Atchley. If you did not file a new W-4, the employer would simply continue to withhold taxes based on the most recent W-4 you provided. If the mos recent W-4 stated you were exempt from tax withholding the employer would not be obligated to withhold taxes. If you now find that you owe taxes because no taxes were withheld basd on your most recent W-4 because you are not in fact exempt, I recommend that you provide your employer with a new W-4 immediately.
The short answer is "no," you are not required to file a new W-4 each year and your employer is generally entitled to rely on the W-4 you gave her or him until and unless she or he learns facts that demonstrate that your W-4 may no longer be reliable. Furthermore, your employer will not be liable for relying on the W-4 you gave her or him, even if it turns out that your W-4 was not accurate and you should have provided her or him with a new one.
Given that you say you didn't file a new W-4 for 2006 and 2007 (the two following years), and given that the W-4 your employer had on file claimed you as exempt, you almost certainly owe taxes for those years. If you did not file your tax returns for those years when the returns were due, then the IRS can still come after you and assess those taxes against you.
I would strongly advise you to consult with a competent tax attorney, accountant, or enrolled agent in your local area immediately.
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