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December, 2000

Staff Contact: Tom Minnick

Q. What is the employer's responsibility if an employee claims more than 10 exemptions on the W-4 withholding form?

A.The government imposes a duty on employers who receive a W-4 claiming more than 10 withholding allowances. The employer must submit a copy of any such W-4 to the IRS with the employer's quarterly tax return, Form 941. The employer should continue to withhold on the basis of the W-4 submitted by the employee unless contacted by the IRS to change it. In that case, the IRS would have already notified the employee as well. In the case of New York State withholding, if an employee claims more than 14 withholding allowances on the IT- 2104 state withholding, the employer must submit a copy of it to New York State Taxation & Finance.

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