W-4

Forum|Forum|6 years ago
December 4, 2019
1 reply
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Is it illegal for your employer to refuse a w4 change and or limit your dependence

Benefit Assist Online

rjs

Employee

An employer cannot refuse to accept a valid new Form W-4. They can refuse to accept an invalid W-4. If they are claiming that a W-4 that you submitted is invalid, ask them to explain what is invalid about it so that you can fix it.

The employer can take up to 30 days to process a new W-4. They must then adjust your withholding beginning with the first pay period that ends after the 30 days.

You don't claim dependents on a W-4. You claim withholding allowances. An employer, on its own, cannot limit the number of withholding allowances that you claim. However, they might have received a letter from the IRS, called a lock-in letter, specifying a maximum number of withholding allowances that you can claim. If they receive a lock-in letter, they also get a copy of the letter for the employee. They must give you the employee's copy of the lock-in letter within 10 business days after they receive it.

BigbirdAuthor

so they can’t say that I’m “limited” to any Certain number of withholdings unless told by the irs

rjs

Employee

@Bigbird wrote:

so they can’t say that I’m “limited” to any Certain number of withholdings unless told by the irs

That is true, as far as I know.

However, note that you are required to make sure you have enough tax withheld during the year. If you do not have enough tax withheld, you will have to pay the additional tax when you file your tax return, and you will have to pay penalties in addition. If the underwithholding is due to a large number of withholding allowances on your W-4, you also might attract the attention of the IRS, which could result in a lock-in letter later on.