Legal Question in Tax Law in California

Can I file exempt

My employer informed me that I will have a 15% cut in pay until Jan. 1st 2003. To compensate for the lack of income I asked to file exempt until my pay goes back to normal. I know that I need to feel out a new form changing my status from my currant status to exempt. The form was never given to me, and I did ask for it a few times. When I was payed, my check reflected my normal tax status and not exempt as I asked. My employer told me that he was advised from an outside accounting firm that I could not do that, once I sign the tax form, it cannot be changed. I have periodically filed exempt before with other jobs, so I know this isn't true. Where do I stand?


Asked on 11/16/02, 12:14 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can I file exempt

Thanks for your posting. You can change your withholding at any time, and you do so by filing a new w-4 form. You can download your own copy and submit it to your payroll or human resources department.

The form can be found at the IRS website, which is http://www.irs.gov. There is also a withholding calculator on the site which will help you gauge how much will be taken out.

Best of luck.

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Answered on 11/16/02, 1:20 pm


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