W4

[mgmkitty]

What is the name of your state? California

Is it legal for an employer to take out higher taxes than what is claimed on a W4?

[abezon]

I don't think so, but how do you know that's what is happening? Maybe the employer's records are wrong & they think you put down single-0.

[mgmkitty]

My husband claimed 1 on his W4, the taxes have been fine up until his latest paycheck. His boss had been complaining that if business didn't pick up, they would be sorry; then payday she said "the accountant was wrong, didn't take enough taxes out". The reason that didn't make sense, is because he only makes minimum wage, and taking out $229 for federal tax, when he only claimed 1 doesn't sound right.

They can and will do it if you claim more dependents than (I believe 12 or 14) and the IRS says your previous tax returns don't warrant that many. They will instruct the company to withhold at single and 0 til you justify it, but - the company will give you an IRS document stating that.

[mgmkitty]

So his boss can't just take more taxes without his consent? Just because she says it's wrong?

[abezon]

The employer must follow the withholding tables & the W-4. I suspect what's happening is the boss can't make payroll, so she's "withholding more taxes for the IRS" to lower the amount she has to pay out & hoping business picks up enough that she can send the reported amount to the IRS on time.

Be warned: once employers start robbing Peter to pay Paul, corporate bankruptcy is just around the corner. Dust off the resume & be sure to save all paystubs so you can prove what she "withheld". The IRS will credit him with the tax withheld & go after her like the wrath of god. The W-2 at the end of the year may also contain inaccuracies regarding withholding. If she should have withheld $80, claimed to withhold $110, then reports only $80 to the IRS, the $30 that should have been in his paycheck just evaporates.