Tax Preparation Help  
Publication 505 2008 Tax Year

1.   Tax Withholding for 2008

Poker winnings of more than $5,000. . Payments of more than $5,000 made to winners of poker tournaments on or after March 4, 2008, will be subject to income tax withholding. See Gambling Winnings, later in this chapter.

This chapter discusses income tax withholding on:

  • Salaries and wages,

  • Tips,

  • Taxable fringe benefits,

  • Sick pay,

  • Pensions and annuities,

  • Gambling winnings,

  • Unemployment compensation, and

  • Certain federal payments.

This chapter explains in detail the rules for withholding tax from each of these types of income. The discussion of salaries and wages includes an explanation of how to complete Form W-4.

This chapter also covers backup withholding on interest, dividends, and other payments.

Publication

  • 919 How Do I Adjust My Tax Withholding?

Form (and Instructions)

  • W-4
    Employee's Withholding Allowance Certificate

  • W-4P
    Withholding Certificate for Pension or Annuity Payments

  • W-4S
    Request for Federal Income Tax Withholding From Sick Pay

  • W-4V
    Voluntary Withholding Request

See chapter 5 of this publication for information about getting these publications and forms.

Salaries and Wages

Income tax is withheld from the pay of most employees. Your pay includes your regular pay, bonuses, commissions, and vacation allowances. It also includes reimbursements and other expense allowances paid under a nonaccountable plan. See Supplemental Wages on page 13 for definitions of accountable and nonaccountable plans.

If your income is low enough that you will not have to pay income tax for the year, you may be exempt from withholding. This is explained under Exemption From Withholding starting on page 12.

Military retirees.   Military retirement pay is treated in the same manner as regular pay for income tax withholding purposes, even though it is treated as a pension or annuity for other tax purposes.

Household workers.   If you are a household worker, you can ask your employer to withhold income tax from your pay. A household worker is an employee who performs household work in a private home, local college club, or local fraternity or sorority chapter.

  Tax is withheld only if you want it withheld and your employer agrees to withhold it. If you do not have enough income tax withheld, you may have to pay estimated tax, as discussed in chapter 2.

Farmworkers.   Generally, income tax is withheld from your cash wages for work on a farm unless your employer both:
  • Pays you cash wages of less than $150 during the year, and

  • Has expenditures for agricultural labor totaling less than $2,500 during the year.

  You can ask your employer to withhold income tax from noncash wages and other wages not subject to withholding. If your employer does not agree to withhold tax, or if not enough is withheld, you may have to pay estimated tax, as discussed in chapter 2.

Determining Amount of Tax Withheld Using Form W-4

The amount of income tax your employer withholds from your regular pay depends on two things.

  • The amount you earn.

  • The information you give your employer on Form W-4.

Form W-4 includes three types of information that your employer will use to figure your withholding.

  • Whether to withhold at the single rate or at the lower married rate.

  • How many withholding allowances you claim (each allowance reduces the amount withheld).

  • Whether you want an additional amount withheld.

You must specify a filing status and a number of withholding allowances on Form W-4. You cannot specify only a dollar amount of withholding.

New Job

When you start a new job, you must fill out a Form W-4 and give it to your employer. Your employer should have copies of the form. If you need to change the information later, you must fill out a new form.

If you work only part of the year (for example, you start working after the beginning of the year), too much tax may be withheld. You may be able to avoid overwithholding if your employer agrees to use the part-year method, explained on page 8.

Employee also receiving pension income.   If you receive pension or annuity income and begin a new job, you will need to file Form W-4 with your new employer. However, you can choose to split your withholding allowances between your pension and job in any manner. See Publication 919 for more information.

Changing Your Withholding

Events during the year may change your marital status or the exemptions, adjustments, deductions, or credits you expect to claim on your tax return. When this happens, you may need to give your employer a new Form W-4 to change your withholding status or number of allowances.

If the event changes your withholding status or the number of allowances you are claiming, you must give your employer a new Form W-4 within 10 days after either of the following.

  • Your divorce, if you have been claiming married status.

  • Any event that decreases the number of withholding allowances you can claim.

Events that will decrease the number of withholding allowances you can claim include the following.

  • You have been claiming an allowance for your spouse, but you get divorced or your spouse begins claiming his or her own allowance on a separate Form W-4.

  • You have been claiming an allowance for a dependent who is a qualifying relative, but you no longer expect to provide more than half the dependent's support for the year.

  • You have been claiming an allowance for your qualifying child, but you now find that he or she will provide more than half of his or her own support during the year.

  • You have been claiming allowances for your expected deductions, but you now find they will be less than expected.

  • You filed for bankruptcy under Chapter 11 of the Bankruptcy Code and you may not be entitled to the same number of allowances or the estate may be taxed at a higher rate.

Generally, you can submit a new Form W-4 whenever you wish to change the number of your withholding allowances for any other reason.

If you change the number of your withholding allowances, you can request that your employer withhold using the cumulative wage method, explained on page 8.

Changing your withholding for 2009.   If events in 2008 will decrease the number of your withholding allowances for 2009, you must give your employer a new Form W-4 by December 1, 2008. If an event occurs in December 2008, submit a new Form W-4 within 10 days. Events that will decrease the number of your allowances include the following.
  • You claimed allowances for 2008 based on child care expenses, moving expenses, or large medical expenses, but you will not have these expenses in 2009.

  • You have been claiming an allowance for your spouse, but he or she died in 2008.

Because you can file a joint return for 2008, your spouse's death will not affect the number of your withholding allowances until 2009. You will have to change from married to single status for 2009, unless you can file as a qualifying widow or widower because you have a dependent child, or you remarry.

You must file a new Form W-4 showing single status by December 1 of the last year you are eligible to file as qualifying widow or widower.

Checking Your Withholding

After you have given your employer a Form W-4, you can check to see whether the amount of tax withheld from your pay is too little or too much. See Publication 919 on page 8. If too much or too little tax is being withheld, you should give your employer a new Form W-4 to change your withholding.

You cannot give your employer a payment to cover federal income tax withholding on salaries and wages for past pay periods or a payment for estimated tax.

Completing Form W-4 and Worksheets

When reading the following discussion, you may find it helpful to refer to the filled-in Form W-4 on pages 9 and 10.

Marital Status (Line 3 of Form W-4)

There is a lower withholding rate for people who qualify to check the “Married” box on line 3 of Form W-4. Everyone else must have tax withheld at the higher single rate.

Single.   You must check the “Single” box if any of the following applies.
  • You are single. If you are divorced, or separated from your spouse under a court decree of separate maintenance, you are considered single.

  • You are married, but neither you nor your spouse is a citizen or resident of the United States.

  • You are married, either you or your spouse is a nonresident alien, and you have not chosen to have that person treated as a resident alien for tax purposes. For more information, see Nonresident Spouse Treated as a Resident in chapter 1 of Publication 519.

Married.   You qualify to check the “Married” box if any of the following applies.
  • You are married and neither you nor your spouse is a nonresident alien. You are considered married for the whole year even if your spouse died during the year.

  • You are married, either you or your spouse is a nonresident alien, and you have chosen to have that person treated as a resident alien for tax purposes. For more information, see Nonresident Spouse Treated as a Resident in chapter 1 of Publication 519.

  • You expect to be able to file your return as a qualifying widow or widower. You usually can use this filing status if your spouse died within the previous 2 years and you provide more than half the cost of keeping up a home that was the main home for you and your dependent child for the entire year. However, you must file a new Form W-4 showing your filing status as single by December 1 of the last year you are eligible to file as a qualifying widow or widower. For more information on this filing status, see Qualifying Widow(er) With Dependent Child under Filing Status in Publication 501, Exemptions, Standard Deduction, and Filing Information.

Married, but withhold at higher single rate.   Some married people find that they do not have enough tax withheld at the married rate. This can happen, for example, when both spouses work. To avoid this, you can check the “Married, but withhold at higher Single rate” box (even if you qualify for the married rate). Also, you may find that more tax is withheld if you fill out the Two-Earners/Multiple Jobs Worksheet, explained on page 7.

Withholding Allowances (Line 5 of Form W-4)

The more allowances you claim on Form W-4, the less income tax your employer will withhold. You will have the most tax withheld if you claim “0” allowances. The number of allowances you can claim depends on the following factors.

  • How many exemptions you can take on your tax return.

  • Whether you have income from more than one job.

  • What deductions, adjustments to income, and credits you expect to have for the year.

  • Whether you will file as head of household.

If you are married, it also depends on whether your spouse also works and claims any allowances on his or her own Form W-4.

Form W-4 worksheets.   Form W-4 has worksheets to help you figure how many withholding allowances you can claim. The worksheets are for your own records. Do not give them to your employer.

  Complete only one set of Form W-4 worksheets, no matter how many jobs you have. If you are married and will file a joint return, complete only one set of worksheets for you and your spouse, even if you both earn wages and must each give a Form W-4 to your employers. Complete separate sets of worksheets only if you and your spouse will file separate returns.

  If you are not exempt from withholding (see Exemption From Withholding starting on page 12), complete the Personal Allowances Worksheet on page 1 of the form. Also, use the worksheets on page 2 of the form to adjust the number of your withholding allowances for itemized deductions and adjustments to income, and for two-earner or multiple-job situations. If you want to adjust the number of your withholding allowances for certain tax credits, use the Deductions and Adjustments Worksheet on page 2 of Form W-4, even if you do not have any deductions or adjustments.

  Complete all worksheets that apply to your situation. The worksheets will help you figure the maximum number of withholding allowances you are entitled to claim so that the amount of income tax withheld from your wages will match, as closely as possible, the amount of income tax you will owe at the end of the year.

Multiple jobs.   If you have income from more than one job at the same time, complete only one set of Form W-4 worksheets. Then split your allowances between the Forms W-4 for each job. You cannot claim the same allowances with more than one employer at the same time. You can claim all your allowances with one employer and none with the other(s), or divide them any other way.

Married individuals.   If both you and your spouse are employed and expect to file a joint return, figure your withholding allowances using your combined income, adjustments, deductions, exemptions, and credits. Use only one set of worksheets. You can divide your total allowances any way, but you cannot claim an allowance that your spouse also claims.

  If you and your spouse expect to file separate returns, figure your allowances using separate worksheets based on your own individual income, adjustments, deductions, exemptions, and credits.

Alternative method of figuring withholding allowances.   You do not have to use the Form W-4 worksheets if you use a more accurate method of figuring the number of withholding allowances.

  The method you use must be based on withholding schedules, the tax rate schedules, and the 2008 Estimated Tax Worksheet in chapter 2. It must take into account only the items of income, adjustments to income, deductions, and tax credits that are taken into account on Form W-4.

  You can use the number of withholding allowances determined under an alternative method rather than the number determined using the Form W-4 worksheets. You must still give your employer a Form W-4 claiming your withholding allowances.

Employees who are not citizens or residents.   If you are neither a citizen nor a resident of the United States, you usually can claim only one withholding allowance. However, this rule does not apply if you are a resident of Canada or Mexico, or if you are a U.S. national. It also does not apply if your spouse is a U.S. citizen or resident and you have chosen to be treated as a resident of the United States. Special rules apply to residents of Korea and India. For more information, see Withholding From Compensation in chapter 8 of Publication 519.

Personal Allowances Worksheet

Use the Personal Allowances Worksheet on page 1 of Form W-4 to figure your withholding allowances based on all of the following that apply.

  • Exemptions.

  • Only one job.

  • Head of household filing status.

  • Child and dependent care credit.

  • Child tax credit.

Exemptions (worksheet lines A, C, and D).   You can claim one withholding allowance for each exemption you expect to claim on your tax return.

Self.   You can claim an allowance for your exemption on line A unless another person can claim an exemption for you on his or her tax return. If another person is entitled to claim an exemption for you, you cannot claim an allowance for your exemption even if the other person will not claim your exemption or the exemption will be reduced.

Spouse.   You can claim an allowance for your spouse's exemption on line C unless your spouse is claiming his or her own exemption or another person can claim an exemption for your spouse. Do not claim this allowance if you and your spouse expect to file separate returns.

Dependents.   You can claim one allowance on line D for each exemption you will claim for a dependent on your tax return.

Worksheet you may need to fill in
Reduction of personal allowances. For 2008, your deduction for personal exemptions on your tax return is reduced if your adjusted gross income (AGI) is more than the AGI shown below for your filing status.

Single $159,950
Married filing jointly or qualifying widow(er) $239,950
Married filing separately $119,975
Head of household $199,950

If you expect your AGI to be more than that amount, use Worksheet 1-1 below to figure your reduced number of personal allowances on lines A, C, and D of the Personal Allowances Worksheet.

Worksheet 1-1. Personal Allowances Worksheet (Form W-4) Reduction of Personal Allowances if AGI Above Phaseout Threshold

           
1. Enter the total number of allowances on lines A, C, and D of the Personal Allowances Worksheet without regard to the phaseout rule 1.  
           
2. Enter your expected AGI 2.      
3. Enter:        
  $159,950 if single        
  $239,950 if married filing jointly or qualifying widow(er)        
  $119,975 if married filing separately        
  $199,950 if head of household 3.      
4. Subtract line 3 from line 2 4.      
5. Divide line 4 by $125,000 ($62,500 if married filing separately). Enter the result as a decimal 5. .
6. Multiply line 1 by line 5. If the result is not a whole number, increase it to the next higher whole number 6.  
7. Divide line 6 by 3.0 7.  
8. Subtract line 7 from line 1. The total of the numbers you enter on lines A, C, and D of the Personal Allowances Worksheet cannot be more than this amount 8.  
Only one job (worksheet line B).    You can claim an additional withholding allowance if any of the following apply for 2008.
  • You are single, and you have only one job at a time.

  • You are married, you have only one job at a time, and your spouse does not work.

  • Your wages from a second job or your spouse's wages (or the total of both) are $1,500 or less.

If you qualify for this allowance, enter “1” on line B of the worksheet.

Head of household filing status (worksheet line E).   You can file as head of household if you are unmarried and pay more than half the cost of keeping up a home that:
  • Was the main home for all of 2008 of your parent whom you can claim as a dependent, or

  • You lived in for more than half the year with your qualifying child or any other person you can claim as a dependent.

For more information, see Publication 501.

  If you expect to file as head of household on your 2008 tax return, enter “1” on line E of the worksheet.

Child and dependent care credit (worksheet line F).   Enter “1” on line F if you expect to claim a credit for at least $1,500 of qualifying child or dependent care expenses on your 2008 return. Generally, qualifying expenses are those you pay for the care of your dependent who is your qualifying child under age 13 or for your spouse or dependent who is not able to care for himself or herself so that you can work or look for work. For more information, get Publication 503.

  Instead of using line F, you can choose to take the credit into account on line 5 of the Deductions and Adjustments Worksheet, as explained under Tax credits on page 7.

Child tax credit (worksheet line G).   If your total income will be less than $58,000 ($86,000 if married), enter “2” on line G for each eligible child.

  If your total income will be between $58,000 and $84,000 ($86,000 and $119,000 if married), enter “1” on line G for each eligible child plus “1” additional if you have four or more eligible children.

  An eligible child is any child:
  • Who is your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, or a descendant of any of them (for example, your grandchild),

  • Who was under age 17 at the end of 2008,

  • Who did not provide over half of his or her own support for 2008,

  • Who lived with you for more than half of 2008, and

  • Who was a U.S. citizen, U.S. national, or a resident of the United States.

  For more information about the child tax credit, see the instructions in your Form 1040 or Form 1040A tax package.

  Instead of using line G, you can choose to take the credit into account on line 5 of the Deductions and Adjustments Worksheet, as explained under Tax credits on page 7.

Total personal allowances (worksheet line H).    Add lines A through G and enter the total on line H. If you do not use either of the worksheets on the back of Form W-4, enter the number from line H on line 5 of Form W-4.

Deductions and Adjustments Worksheet

Use the Deductions and Adjustments Worksheet on page 2 of Form W-4 only if you plan to itemize your deductions, claim certain credits, or claim adjustments to the income on your 2008 tax return and you want to reduce your withholding. Also, complete this worksheet when you have changes to those items to see if you need to change your withholding.

Use the amount of each item you can reasonably expect to show on your return. However, do not use more than:

  1. The amount shown for that item on your 2007 return (or your 2006 return if you have not yet filed your 2007 return), plus

  2. Any additional amount related to a transaction or occurrence (such as the signing of an agreement or the sale of property) that you can prove has happened or will happen during 2007 or 2008.

Do not include any amount shown on your last tax return that has been disallowed by the IRS.

Example.

On June 29, 2007, you bought your first home. On your 2007 tax return, you claimed itemized deductions of $6,600, the total mortgage interest and real estate tax you paid during the 6 months you owned your home. Based on your mortgage payment schedule and your real estate tax assessment, you can reasonably expect to claim deductions of $13,200 for those items on your 2008 return. You can use $13,200 to figure the number of your withholding allowances for itemized deductions.

Not itemizing deductions.   If you expect to claim the standard deduction on your tax return, skip lines 1 and 2, and enter “0” on line 3 of the worksheet.

Itemized deductions (worksheet line 1).   Enter your estimated total itemized deductions on line 1 of the worksheet.

  
Caution
Legislation during 2008 may extend the state and local sales tax deduction. For more details, see www.irs.gov, Highlights of Recent Tax Changes.

  Listed below are some of the deductions you can take into account when figuring additional withholding allowances for 2008. You normally claim these deductions on Schedule A of Form 1040.
  1. Medical and dental expenses that are more than 7.5% of your 2008 AGI (defined under AGI on this page).

  2. State and local income taxes and property taxes.

  3. Deductible home mortgage interest.

  4. Investment interest up to net investment income.

  5. Charitable contributions.

  6. Casualty and theft losses that are more than 10% of your AGI.

  7. Fully deductible miscellaneous itemized deductions, including:

    1. Impairment-related work expenses of persons with disabilities,

    2. Federal estate tax on income in respect of a decedent,

    3. Repayment of more than $3,000 of income held under a claim of right that you included in income in an earlier year because at the time you thought you had an unrestricted right to it,

    4. Unrecovered investments in an annuity contract under which payments have ceased because of the annuitant's death,

    5. Gambling losses up to the amount of gambling winnings reported on your return, and

    6. Casualty and theft losses from income-producing property.

  8. Other miscellaneous itemized deductions that are more than 2% of your AGI, including:

    1. Unreimbursed employee business expenses, such as education expenses, work clothes and uniforms, union dues and fees, and the cost of work-related small tools and supplies,

    2. Safe deposit box rental,

    3. Tax counsel and assistance, and

    4. Certain fees paid to an IRA trustee or custodian.

AGI.    For the purpose of estimating your itemized deductions, your AGI is your estimated total income for 2008 minus any estimated adjustments to income (discussed later on this page) that you include on line 4 of the Deductions and Adjustments Worksheet.

  
Worksheet you may need to fill in
Phaseout of itemized deductions. For 2008, your total itemized deductions may be phased out (reduced) if your AGI is more than $159,950 ($79,975 if married filing separately). If you expect your AGI to be more than that amount, use Worksheet 1-2 below to figure the amount to enter on line 1 of the Deductions and Adjustments Worksheet.

Worksheet 1-2. Deductions and Adjustments Worksheet (Form W-4)—Line 1 Phaseout of Itemized Deductions

             
1. Enter the estimated total of your itemized deductions 1.  
2. Enter the amount included in line 1 for medical and dental expenses, investment interest, casualty or theft losses, and gambling losses 2.  
3. Is the amount on line 2 less than the amount on line 1?    
  No. Stop here. Your deduction is not limited. Enter the amount from line 1 above on line 1 of the Deductions and Adjustments Worksheet.    
  Yes. Subtract line 2 from line 1 3.  
4. Multiply line 3 by 80% (.80) 4.      
5. Enter your expected AGI 5.      
6. Enter $159,950 ($79,975 if married filing separately) 6.      
7. Is the amount on line 6 less than the amount on line 5?    
  No. Stop here. Your deduction is not limited. Enter the amount from line 1 above on line 1 of the Deductions and Adjustments Worksheet.        
  Yes. Subtract line 6 from line 5 7.      
8. Multiply line 7 by 3% (.03) 8.      
9. Enter the smaller of line 4 or line 8 9.  
10. Divide line 9 by 1.5 10.  
11. Subtract line 10 from line 9 11.  
12. Subtract line 11 from line 1. Enter the result here and on line 1 of the Deductions and Adjustments Worksheet 12.  

Adjustments to income (worksheet line 4).   Enter your estimated total adjustments to income on line 4 of the Deductions and Adjustments Worksheet.

  You can take the following adjustments to income into account when figuring additional withholding allowances for 2008. These adjustments appear on page 1 of your Form 1040 or 1040A.
  • Net losses from Schedules C, D, E, and F of Form 1040 and from Part II of Form 4797, line 18b.

  • Net operating loss carryovers.

  • Certain business expenses of reservists, performing artists, and fee-based government officials.

  • Health savings account or medical savings account deduction.

  • Certain moving expenses.

  • Deduction for one-half of self-employment tax.

  • Deduction for contributions to self-employed SEP, and qualified SIMPLE plans.

  • Self-employed health insurance deduction.

  • Penalty on early withdrawal of savings.

  • Alimony paid.

  • IRA deduction.

  • Student loan interest deduction.

  • Jury duty pay given to your employer.

  • Reforestation amortization and expenses.

  • Deductible expenses related to income reported on line 21 from the rental of personal property engaged in for profit.

  • Repayment of certain supplemental unemployment benefits.

  • Contributions to IRC 501(c)(18)(D) pension plans.

  • Attorney fees and court costs for certain unlawful discrimination claims.

  • Attorney fees and court costs for certain whistleblower awards.

  
Caution
Legislation during 2008 may extend the deductions for educator expenses and tuition and fees. For more details, see www.irs.gov, Highlights of Recent Tax Changes.

Tax credits (worksheet line 5).   Although you can take most tax credits into account when figuring withholding allowances, the Personal Allowances Worksheet uses only the child and dependent care credit (line F) and the child tax credit (line G). But you can take these credits and others into account by adding an extra amount on line 5 of the Deductions and Adjustments Worksheet.

  If you take the child and dependent care credit into account on line 5, do not use line F. If you take the child tax credit into account on line 5, do not use line G.

  In addition to the child and dependent care credit and child tax credit, you can take into account the following credits.
  • Foreign tax credit, except any credit that applies to wages not subject to U.S. income tax withholding because they are subject to income tax withholding by a foreign country. See Publication 514, Foreign Tax Credit for Individuals.

  • Credit for the elderly or the disabled. See Publication 524, Credit for the Elderly or the Disabled.

  • Hope credit. See Publication 970, Tax Benefits for Education.

  • Lifetime learning credit. See Publication 970.

  • Retirement savings contributions credit (saver's credit). See Publication 590, Individual Retirement Arrangements (IRAs).

  • Adoption credit. See the instructions for Form 8839.

  • Mortgage interest credit. See Publication 530, Tax Information for First-Time Homeowners.

  • Credit for prior year minimum tax (both refundable and nonrefundable) if you paid alternative minimum tax in an earlier year. See the instructions for Form 8801.

  • General business credit. See Form 3800.

  • Earned income credit, unless you requested advance payment of the credit. See Publication 596, Earned Income Credit (EIC).

  • Alternative motor vehicle credit. See Form 8910, Part III.

  • Alternative fuel vehicle refueling property credit. See Form 8911, Part III.

  • Credits for clean renewable energy bonds and Gulf bonds. See Form 8912.

  • Qualified zone academy bond credit. See Form 8860.

  • Health coverage tax credit. See Form 8885.

  • Residential energy efficient property credit. See Form 5695.

  • Empowerment zone and renewal community employment credit. See Form 8844.

  • Credit for alcohol used as fuel. See Form 6478.

  • Renewable electricity, refined coal, and Indian coal production credit. See Form 8835, Section B.

  • Work opportunity credit. See Form 5884.

  • Credit for employer social security and Medicare taxes paid on certain employee tips. See Form 8846.

  • Carryforward from 2007 of New York Liberty Zone business employee credit. If you have a carryforward of this credit, see Form 5884.

  • Carryforward from 2007 of District of Columbia First-Time Homebuyer Credit. See Form 8859.

Figuring line 5 entry.   To figure the amount to add on line 5 for tax credits, multiply your estimated total credits by the appropriate number from Table 1-1 on this page.

Example.

You are married and expect to file a joint return for 2008. Your combined estimated wages are $68,000. Your estimated tax credits include a child and dependent care credit of $960 and a mortgage interest credit of $1,700 (total credits = $2,660).

In Table 1-1, section A, the number corresponding to your combined estimated wages ($37,001 - $85,000) is 6.7. Multiply your total estimated tax credits of $2,660 by 6.7. Add the result, $17,822, to the amount you otherwise would show on line 5 of the Deductions and Adjustments Worksheet and enter the total on line 5. Because you choose to account for your child and dependent care credit this way, do not make an entry on line F of the Personal Allowances Worksheet.

Nonwage income (worksheet line 6).   Enter on line 6 your estimated total nonwage income (other than tax-exempt income). Nonwage income includes interest, dividends, net rental income, unemployment compensation, alimony, gambling winnings, prizes and awards, hobby income, capital gains, royalties, and partnership income.

  If line 6 is more than line 5, you may not have enough income tax withheld from your wages. See Getting the Right Amount of Tax Withheld on page 8.

Net deductions and adjustments (worksheet line 8).    If line 7 is less than $3,500, enter “0” on line 8. If line 7 is $3,500 or more, divide it by $3,500, drop any fraction, and enter the result on line 8.

Example.

If line 7 is $5,200, $5,200 ÷ $3,500 = 1.48. Drop the fraction (.48) and enter “1” on line 8.

Two-Earners/Multiple Jobs Worksheet

Complete the Two-Earners/Multiple Jobs Worksheet on page 2 of Form W-4 if you have more than one job or are married and you and your spouse both work and the combined earnings from all jobs are more than $40,000 ($25,000 if married).

Caution
If you use this worksheet and your earnings are more than $130,000 ($180,000 if you are married), see Publication 919 to check that you are having enough tax withheld.

Table 1-1. Deductions and Adjustments Worksheet (Form W-4) —Line 5

A.Married Filing Jointly or
Qualifying Widow(er)
If combined income from all sources is:   Multiply credits by:
$0 - 37,000 10.0
$37,001 - 85,000 6.7
$85,001 - 160,000 4.0
$160,001 - 230,000 3.6
$230,001 - 390,000 3.0
$390,001 and over 2.8
B.Single
If combined income from all sources is:   Multiply credits by:
$0 - 17,000 10.0
$17,001 - 40,000 6.7
$40,001 - 90,000 4.0
$90,001 - 180,000 3.6
$180,001 - 390,000 3.0
$390,001 and over 2.8
C.Head of Household
If combined income from all sources is:   Multiply credits by:
$0 - 26,000 10.0
$26,001 - 60,000 6.7
$60,001 - 130,000 4.0
$130,001 - 200,000 3.6
$200,001 - 390,000 3.0
$390,001 and over 2.8
D.Married Filing Separately
If combined income from all sources is:   Multiply credits by:
$0 - 18,500 10.0
$18,501 - 42,500 6.7
$42,501 - 80,000 4.0
$80,001 - 115,000 3.6
$115,001 - 195,000 3.0
$195,001 and over 2.8

Reducing your allowances (worksheet lines 1-3).   On line 1 of the worksheet, enter the number from line H of the Personal Allowances Worksheet (or line 10 of the Deductions and Adjustments Worksheet, if used). Using Table 1 in the Two-Earners/Multiple Jobs Worksheet, find the number listed beside the amount of your estimated wages for the year from your lowest paying job (or if lower, your spouse's job). Enter that number on line 2.

  Subtract line 2 from line 1 and enter the result (but not less than zero) on line 3 and on Form W-4, line 5. If line 1 is more than or equal to line 2, do not use the rest of the worksheet.

  If line 1 is less than line 2, complete lines 4 through 9 of the worksheet to figure the additional withholding needed to avoid underwithholding.

Other amounts owed.   If you expect to owe amounts other than income tax, such as self-employment tax, include them on line 8. The total is the additional withholding needed for the year.

Illustrated Example—Form W-4

Joyce Green works in a bookstore and expects to earn about $13,300. Her husband, John, works full time at the Acme Corporation, where his expected pay is $48,500. They file a joint income tax return and claim exemptions for their two children. Because they file jointly, they use only one set of Form W-4 worksheets to figure the number of withholding allowances. The Greens' worksheets and John's W-4 are shown in Figure 1-A, beginning on page 9.

Personal Allowances Worksheet.   On this worksheet, John and Joyce claim allowances for themselves and their children by entering “1” on line A, “1” on line C, and “2” on line D. Because both John and Joyce will receive wages of more than $1,000, they are not entitled to the additional withholding allowance on line B. The Greens expect to have child and dependent care expenses of $2,400. They enter “1” on line F of the worksheet. Because they are married, their total income will be less than $86,000, and they have two eligible children, they enter “4” on line G.

  They enter their total personal allowances, “9,” on line H.

Deductions and Adjustments Worksheet.   Because they plan to itemize deductions and claim adjustments to income, the Greens use this worksheet to see whether they are entitled to additional allowances.

  The Greens' estimated itemized deductions total $11,300, which they enter on line 1 of the worksheet. Because they will file a joint return, they enter $10,900 on line 2. They subtract $10,900 from $11,300 and enter the result, $400, on line 3.

  The Greens expect to have an adjustment to income of $4,000 for their deductible IRA contributions. They do not expect to have any other adjustments to income. They enter $4,000 on line 4.

  The Greens add line 3 and line 4 and enter the total, $4,400, on line 5.

  Joyce and John expect to receive $600 in interest and dividend income during the year. They enter $600 on line 6 and subtract line 6 from line 5. They enter the result, $3,800, on line 7. They divide line 7 by $3,500, and drop the fraction to determine one additional allowance. They enter “1” on line 8.

  The Greens enter “9” (the number from line H of the Personal Allowances Worksheet) on line 9 and add it to line 8. They enter “10” on line 10.

Two-Earners/Multiple Jobs Worksheet.   The Greens use this worksheet because they both work and together earn over $25,000. They enter “10” (the number from line 10 of the Deductions and Adjustments Worksheet) on line 1.

  Next, they use Table 1 to find the number to enter on line 2 of the worksheet. Because they will file a joint return and their expected wages from their lowest paying job are $13,300, they enter “2” on line 2. They subtract line 2 from line 1 and enter “8” on line 3 of the worksheet and on Form W-4, line 5.

  John and Joyce Green can take a total of 8 withholding allowances between them. They decide that John will take all 8 allowances on his Form W-4. Joyce, therefore, cannot claim any allowances on hers. She will enter “0” on line 5 of the Form W-4 she gives to her employer.

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Figure 1-A. Illustrated Example--Form W-4 (John and Joyce Green)

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Figure 1-A. Illustrated Example--Form W-4 (Continued)

Getting the Right Amount of Tax Withheld

In most situations, the tax withheld from your pay will be close to the tax you figure on your return if you follow these two rules.

  • You accurately complete all the Form W-4 worksheets that apply to you.

  • You give your employer a new Form W-4 when changes occur.

But because the worksheets and withholding methods do not account for all possible situations, you may not be getting the right amount withheld. This is most likely to happen in the following situations.

  • You are married and both you and your spouse work.

  • You have more than one job at a time.

  • You have nonwage income, such as interest, dividends, alimony, unemployment compensation, or self-employment income.

  • You will owe additional amounts with your return, such as self-employment tax.

  • Your withholding is based on obsolete Form W-4 information for a substantial part of the year.

  • Your earnings are more than $130,000 if you are single or $180,000 if you are married.

  • You work only part of the year.

  • You change the number of your withholding allowances during the year.

Part-Year Method

If you work only part of the year and your employer agrees to use the part-year withholding method, less tax will be withheld from each wage payment than would be withheld if you worked all year. To be eligible for the part-year method, you must meet both of the following requirements.

  • You must use the calendar year (the 12 months from January 1 through December 31) as your tax year. You cannot use a fiscal year.

  • You must not expect to be employed for more than 245 days during the year. To figure this limit, count all calendar days that you are employed (including weekends, vacations, and sick days) beginning with the first day you are on the job for pay and ending with your last day of work. If you are temporarily laid off for 30 days or less, count those days too. If you are laid off for more than 30 days, do not count those days. You will not meet this requirement if you begin working before May 1 and expect to work for the rest of the year.

How to apply for the part-year method.   You must ask in writing that your employer use this method. The request must state all three of the following.
  • The date of your last day of work for any prior employer during the current calendar year.

  • That you do not expect to be employed more than 245 days during the current calendar year.

  • That you use the calendar year as your tax year.

Cumulative Wage Method

If you change the number of your withholding allowances during the year, too much or too little tax may have been withheld for the period before you made the change. You may be able to compensate for this if your employer agrees to use the cumulative wage withholding method for the rest of the year. You must ask in writing that your employer use this method.

To be eligible, you must have been paid for the same kind of payroll period (weekly, biweekly, etc.) since the beginning of the year.

Publication 919

To make sure you are getting the right amount of tax withheld, get Publication 919. It will help you compare the total tax to be withheld during the year with the tax you can expect to figure on your return. It also will help you determine how much, if any, additional withholding is needed each payday to avoid owing tax when you file your return. If you do not have enough tax withheld, you may have to pay estimated tax. See chapter 2 for information about estimated tax.

Rules Your Employer Must Follow

It may be helpful for you to know some of the withholding rules your employer must follow. These rules can affect how to fill out your Form W-4 and how to handle problems that may arise.

New Form W-4.   When you start a new job, your employer should give you a Form W-4 to fill out. Beginning with your first payday, your employer will use the information you give on the form to figure your withholding.

  If you later fill out a new Form W-4, your employer can put it into effect as soon as possible. The deadline for putting it into effect is the start of the first payroll period ending 30 or more days after you turn it in.

No Form W-4.   If you do not give your employer a completed Form W-4, your employer must withhold at the highest rate, as if you were single and claimed no withholding allowances.

Repaying withheld tax.   If you find you are having too much tax withheld because you did not claim all the withholding allowances you are entitled to, you should give your employer a new Form W-4. Your employer cannot repay any of the tax previously withheld. Instead, claim the full amount withheld when you file your tax return.

  However, if your employer has withheld more than the correct amount of tax for the Form W-4 you have in effect, you do not have to fill out a new Form W-4 to have your withholding lowered to the correct amount. Your employer can repay the amount that was withheld incorrectly. If you are not repaid, your Form W-2, Wage and Tax Statement, will reflect the full amount actually withheld, which you would claim when you file your tax return.

IRS review of your withholding.   Whether you are entitled to claim a certain number of allowances or complete exemption from withholding is subject to review by the IRS. Your employer may be required to send a copy of the Form W-4 to the IRS. There is a penalty for supplying false information on Form W-4. See Penalties on page 13.

  If the IRS determines that you cannot claim more than a specified number of withholding allowances or claim a complete exemption from withholding, the IRS will issue a notice of the maximum number of withholding allowances permitted (commonly referred to as a “lock-in letter”) to both you and your employer.

  The IRS will provide a period of time during which you can dispute the determination before your employer adjusts your withholding. If you believe that you are entitled to claim complete exemption from withholding or claim more withholding allowances than the maximum number specified by the IRS in the lock-in letter, you must submit a new Form W-4 and a written statement to support your claims to the IRS. Contact information (a toll-free number and an IRS office address) will be provided in the lock-in letter. At the end of this period, if you have not responded or if your response is not adequate, your employer will be required to withhold based on the original lock-in letter.

  After the lock-in letter takes effect, your employer must withhold tax on the basis of the withholding rate (marital status) and maximum number of withholding allowances specified in that letter.

  If you later believe that you are entitled to claim exempt status or more allowances than the IRS determined, you can complete a new Form W-4 and a written statement to support the claims made on the Form W-4 and send them directly to the IRS address shown on the lock-in letter. Your employer must continue to figure your withholding on the basis of the number of allowances previously determined by the IRS until the IRS advises your employer otherwise.

  At any time, either before or after the lock-in letter becomes effective, you may give your employer a new Form W-4 that does not claim complete exemption from withholding and results in more income tax withheld than specified in the lock-in letter. Your employer must then withhold tax based on this new Form W-4.

  Additional information is available on the IRS website at www.irs.gov. Enter the keyword “withholding compliance questions” in the search box.

Exemption From Withholding

If you claim exemption from withholding, your employer will not withhold federal income tax from your wages. The exemption applies only to income tax, not to social security or Medicare tax.

You can claim exemption from withholding for 2008 only if both of the following situations apply.

  • For 2007 you had a right to a refund of all federal income tax withheld because you had no tax liability.

  • For 2008 you expect a refund of all federal income tax withheld because you expect to have no tax liability.

Use Figure 1-B on page 11 to help you decide whether you can claim exemption from withholding. Do not use Figure 1-B if you:

  • Are 65 or older.

  • Are blind.

  • Will itemize deductions on your 2008 return.

  • Will claim an exemption for a dependent on your 2008 return.

  • Will claim any tax credits on your 2008 return.

These situations are discussed later.

Students.   If you are a student, you are not automatically exempt. If you work only part time or during the summer, you may qualify for exemption from withholding.

Example 1.

You are a high school student and expect to earn $2,500 from a summer job. You do not expect to have any other income during the year, and your parents will be able to claim an exemption for you on their tax return. You worked last summer and had $375 federal income tax withheld from your pay. The entire $375 was refunded when you filed your 2007 return. Using Figure 1-B, you find that you can claim exemption from withholding.

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Figure 1-B: Exemption From Withholding on Form W-4

Example 2.

The facts are the same as in Example 1, except that you also have a savings account and expect to have $350 interest income during the year. Using Figure 1-B, you find that you cannot claim exemption from withholding because your unearned income will be more than $300 and your total income will be more than $900.

  
Caution
You may have to file a tax return, even if you are exempt from withholding. See Publication 501 to see whether you must file a return.

  
Worksheet you may need to fill in
Age 65 or older or blind. If you are 65 or older or blind, use Worksheet 1-3 or Worksheet 1-4 below to help you decide whether you can claim exemption from withholding. Do not use either worksheet if you will itemize deductions, claim exemptions for dependents, or claim tax credits on your 2008 return—instead, see Itemizing deductions or claiming exemptions or credits next.

   
Worksheet 1-3. Exemption From Withholding for Persons Age 65 or Older or Blind

Use this worksheet only if, for 2007 you had a right to a refund of all federal income tax withheld because you had no tax liability.
Caution.This worksheet does not apply if you can be claimed as a dependent. See Worksheet 1-4 instead.

1. Check the boxes below that apply to you.
  65 or older □ Blind □
2. Check the boxes below that apply to your spouse if you will claim your spouse's exemption on your 2008 return.
  65 or older □ Blind □
3. Add the number of boxes you checked in
1 and 2 above. Enter the result
 
You can claim exemption from withholding if:
Your filing status is: and the number on
line 3 above is:
and your
2008 total
income will be
no more than:
Single 1 $10,300
  2 11,650
Head of 1 $12,850
household 2 14,200
Married filing 1 $10,000
separately for 2 11,050
both 2007 and 3 12,100
2008 4 13,150
Other married 1 $18,950*
status 2 20,000*
  3 21,050*
  4 22,100*
* Include both spouses' income whether you will file separately or jointly.
Qualifying 1 $15,450
widow(er) 2 16,500
You cannot claim exemption from withholding if your total income will be more than the amount shown for your filing status.

   
Worksheet 1-4. Exemption From Withholding for Dependents Age 65 or Older or Blind

Use this worksheet only if, for 2008, you are a dependent and if, for 2007, you had a right to a refund of all federal income tax withheld because you had no tax liability.

1. Enter your expected earned income plus $300 1.  
2. Minimum amount 2. $ 900
3. Compare lines 1 and 2. Enter the larger amount 3.  
4. Limit 4. 5,450
5. Compare lines 3 and 4. Enter the smaller amount 5.  
6. Enter the appropriate amount from the following table 6.  
  Single      
  Either 65 or older or blind $1,350    
  Both 65 or older and blind 2,700    
  Married filing separately      
  Either 65 or older or blind 1,050    
  Both 65 or older and blind 2,100    
7. Add lines 5 and 6. Enter the result 7.  
8. Enter your total expected income 8.  
You can claim exemption from withholding if line 7 is equal to or more than line 8. You cannot claim exemption from withholding if line 8 is more than line 7.

Itemizing deductions or claiming exemptions or credits.   If you had no tax liability for 2007, and you will:
  • Itemize deductions,

  • Claim an exemption for a dependent, or

  • Claim a tax credit,

use the 2008 Estimated Tax Worksheet in Form 1040-ES (also see chapter 2), to figure your 2008 expected tax liability. You can claim exemption from withholding only if your total expected tax liability (line 13c of the worksheet) is zero.

Claiming exemption from withholding.   To claim exemption, you must give your employer a Form W-4. Do not complete lines 5 and 6. Enter “Exempt” on line 7.

  If you claim exemption, but later your situation changes so that you will have to pay income tax after all, you must file a new Form W-4 within 10 days after the change. If you claim exemption in 2008, but you expect to owe income tax for 2009, you must file a new Form W-4 by December 1, 2008.

  Your claim of exempt status may be reviewed by the IRS. See IRS review of your withholding on page 11.

An exemption is good for only one year.    You must give your employer a new Form W-4 by February 15 each year to continue your exemption.

Supplemental Wages

Supplemental wages include bonuses, commissions, overtime pay, vacation allowances, certain sick pay, and expense allowances under certain plans. The payer can figure withholding on supplemental wages using the same method used for your regular wages. However, if these payments are identified separately from regular wages, your employer or other payer of supplemental wages can withhold income tax from these wages at a flat rate.

Expense allowances.   Reimbursements or other expense allowances paid by your employer under a nonaccountable plan are treated as supplemental wages. A nonaccountable plan is a reimbursement arrangement that does not require you to account for, or prove, your business expenses to your employer or does not require you to return your employer's payments that are more than your proven expenses.

  Reimbursements or other expense allowances paid under an accountable plan that are more than your proven expenses are treated as paid under a nonaccountable plan if you do not return the excess payments within a reasonable period of time.

Accountable plan.   To be an accountable plan, your employer's reimbursement or allowance arrangement must include all three of the following rules.
  • Your expenses must have a business connection. That is, you must have paid or incurred deductible expenses while performing services as an employee of your employer.

  • You must adequately account to your employer for these expenses within a reasonable period of time.

  • You must return any excess reimbursement or allowance within a reasonable period of time.

   An excess reimbursement or allowance is any amount you are paid that is more than the business-related expenses that you adequately accounted for to your employer.

  The definition of reasonable period of time depends on the facts and circumstances of your situation. However, regardless of those facts and circumstances, actions that take place within the times specified in the following list will be treated as taking place within a reasonable period of time.
  • You receive an advance within 30 days of the time you have an expense.

  • You adequately account for your expenses within 60 days after they were paid or incurred.

  • You return any excess reimbursement within 120 days after the expense was paid or incurred.

  • You are given a periodic statement (at least quarterly) that asks you to either return or adequately account for outstanding advances and you comply within 120 days of the statement.

Nonaccountable plan.   Any plan that does not meet the definition of an accountable plan is considered a nonaccountable plan.

For more information about accountable and nonaccountable plans, see chapter 6 of Publication 463, Travel, Entertainment, Gift, and Car Expenses.

Penalties

You may have to pay a penalty of $500 if both of the following apply.

  • You make statements or claim withholding allowances on your Form W-4 that reduce the amount of tax withheld.

  • You have no reasonable basis for those statements or allowances at the time you prepare your Form W-4.

There is also a criminal penalty for willfully supplying false or fraudulent information on your Form W-4 or for willfully failing to supply information that would increase the amount withheld. The penalty upon conviction can be either a fine of up to $1,000 or imprisonment for up to 1 year, or both.

These penalties will apply if you deliberately and knowingly falsify your Form W-4 in an attempt to reduce or eliminate the proper withholding of taxes. A simple error or an honest mistake will not result in one of these penalties. For example, a person who has tried to figure the number of withholding allowances correctly, but claims seven when the proper number is six, will not be charged a Form W-4 penalty. However, see chapter 4 for information on the underpayment penalty.

Tips

The tips you receive while working on your job are considered part of your pay. You must include your tips on your tax return on the same line as your regular pay. However, tax is not withheld directly from tip income, as it is from your regular pay. Nevertheless, your employer will take into account the tips you report when figuring how much to withhold from your regular pay.

Reporting tips to your employer.   If you receive tips of $20 or more in a month while working for any one employer, you must report to your employer the total amount of tips you receive on the job during the month. The report is due by the 10th day of the following month.

  If you have more than one job, make a separate report to each employer. Report only the tips you received while working for that employer, and only if they total $20 or more for the month.

How employer figures amount to withhold.   The tips you report to your employer are counted as part of your income for the month you report them. Your employer can figure your withholding in either of two ways.
  • By withholding at the regular rate on the sum of your pay plus your reported tips.

  • By withholding at the regular rate on your pay plus a percentage of your reported tips.

Not enough pay to cover taxes.   If your regular pay is not enough for your employer to withhold all the tax (including income tax, social security tax, Medicare tax, or railroad retirement tax) due on your pay plus your tips, you can give your employer money to cover the shortage.

  If you do not give your employer money to cover the shortage, your employer first withholds as much social security tax, Medicare tax, or railroad retirement tax as possible, up to the proper amount, and then withholds income tax up to the full amount of your pay. If not enough tax is withheld, you may have to pay estimated tax. When you file your return, you also may have to pay any social security tax, Medicare tax, or railroad retirement tax your employer could not withhold.

Tips not reported to your employer.   On your tax return, you must report all the tips you receive during the year, even tips you do not report to your employer. Make sure you are having enough tax withheld, or are paying enough estimated tax (see chapter 2), to cover all your tip income.

Allocated tips.   If you work in a large establishment that serves food or beverages to customers, your employer may have to report an allocated amount of tips on your Form W-2.

  Your employer should not withhold income tax, social security tax, Medicare tax, or railroad retirement tax on the allocated amount. Withholding is based only on your pay plus your reported tips. Your employer should refund to you any incorrectly withheld tax.

More information.    For more information on the reporting and withholding rules for tip income and on tip allocation, get Publication 531, Reporting Tip Income.

Taxable Fringe Benefits

The value of certain noncash fringe benefits you receive from your employer is considered part of your pay. Your employer generally must withhold income tax on these benefits from your regular pay.

Although the value of your personal use of an employer-provided car, truck, or other highway motor vehicle is taxable, your employer can choose not to withhold income tax on that amount. Your employer must notify you if this choice is made.

When benefits are considered paid.   Your employer can choose to treat a fringe benefit as paid by the pay period, by the quarter, or on some other basis as long as the benefit is considered paid at least once a year. Your employer can treat the benefit as being paid on one or more dates during the year, even if you get the entire benefit at one time.

Special rule.   Your employer can choose to treat a benefit provided during November or December as paid in the next year. Your employer must notify you if this rule is used.

Example.

Your employer considers the value of benefits paid from November 1, 2006, through October 31, 2007, as paid to you in 2007. To determine the total value of benefits paid to you in 2008, your employer will add the value of any benefits paid in November and December of 2007 to the value of any benefits paid in January through October of 2008.

Exceptions.   Your employer cannot choose when to withhold tax on the transfer of either real property or personal property of a kind normally held for investment (such as stock). Your employer must withhold tax on these benefits at the time of the transfer.

How withholding is figured.   Your employer can either add the value of a fringe benefit to your regular pay and figure income tax withholding on the total or withhold a flat percentage of the benefit's value.

  If the benefit's actual value cannot be determined when it is paid or treated as paid, your employer can use a reasonable estimate. Your employer must determine the actual value of the benefit by January 31 of the next year. If the actual value is more than the estimate, your employer must pay the IRS any additional withholding tax required. Your employer has until April 1 of that next year to recover from you the additional income tax paid to the IRS for you.

How your employer reports your benefits.   Your employer must report on Form W-2 the total of the taxable fringe benefits paid or treated as paid to you during the year and the tax withheld for the benefits. These amounts can be shown either on the Form W-2 for your regular pay or on a separate Form W-2. If your employer provided you with a car, truck, or other motor vehicle and chose to treat all of your use of it as personal, its value must be either separately shown on Form W-2 or reported to you on a separate statement.

More information.    For information on fringe benefits, see Fringe Benefits under Employee Compensation in Publication 525, Taxable and Nontaxable Income.

Sick Pay

Sick pay is a payment to you to replace your regular wages while you are temporarily absent from work due to sickness or personal injury. To qualify as sick pay, it must be paid under a plan to which your employer is a party.

If you receive sick pay from your employer or an agent of your employer, income tax must be withheld. An agent who does not pay regular wages to you may choose to withhold income tax at a flat rate.

However, if you receive sick pay from a third party who is not acting as an agent of your employer, income tax will be withheld only if you choose to have it withheld. See Form W-4S below.

If you receive payments under a plan in which your employer does not participate (such as an accident or health plan where you paid all the premiums), the payments are not sick pay and usually are not taxable.

Union agreements.   If you receive sick pay under a collective bargaining agreement between your union and your employer, the agreement may determine the amount of income tax withholding. See your union representative or your employer for more information.

Form W-4S.   If you choose to have income tax withheld from sick pay paid by a third party, such as an insurance company, you must fill out Form W-4S. Its instructions contain a worksheet you can use to figure the amount you want withheld. They also explain restrictions that may apply.

  Give the completed form to the payer of your sick pay. The payer must withhold according to your directions on the form.

  Form W-4S remains in effect until you change or cancel it, or stop receiving payments. You can change your withholding by giving a new Form W-4S or a written notice to the payer of your sick pay.

Estimated tax.    If you do not request withholding on Form W-4S, or if you do not have enough tax withheld, you may have to pay estimated tax. If you do not pay enough tax, either through estimated tax or withholding, or a combination of both, you may have to pay a penalty. See chapters 2 and 4.

Pensions and Annuities

Income tax usually will be withheld from your pension or annuity distributions unless you choose not to have it withheld. This rule applies to distributions from:

  • A traditional individual retirement arrangement (IRA);

  • A life insurance company under an endowment, annuity, or life insurance contract;

  • A pension, annuity, or profit-sharing plan;

  • A stock bonus plan; and

  • Any other plan that defers the time you receive compensation.

The amount withheld depends on whether you receive payments spread out over more than 1 year (periodic payments), within 1 year (nonperiodic payments), or as an eligible rollover distribution (ERD). You cannot choose not to have income tax withheld from an ERD. ERDs are discussed on page 15 under Eligible Rollover Distributions.

Nontaxable part.   The part of your pension or annuity that is a return of your investment in your retirement plan, the amount you paid into the plan, or its cost to you, is not taxable. Income tax will not be withheld from the part of your pension or annuity that is not taxable. The tax withheld will be figured on, and cannot be more than, the taxable part.

  For information about figuring the part of your pension or annuity that is not taxable, see Publication 575, Pension and Annuity Income.

Periodic Payments

Withholding from periodic payments of a pension or annuity is figured in the same way as withholding from salaries and wages. To tell the payer of your pension or annuity how much you want withheld, fill out Form W-4P or a similar form provided by the payer. Follow the rules discussed under Salaries and Wages, starting on page 3, to fill out your Form W-4P.

Use Form W-4, not Form W-4P, if you receive any of the following.

  • Military retirement pay.

  • Payments from certain nonqualified deferred compensation plans. These are employer plans that pay part of your compensation at a later time, but are not tax-qualified deferred compensation plans. See Nonqualified Deferred Compensation and Section 457 Plans in Publication 957, Reporting Back Pay and Special Wage Payments to the Social Security Administration.

  • Payments from a state or local deferred compensation plan (section 457 plan).

Withholding rules.   The withholding rules for pensions and annuities differ from those for salaries and wages in the following ways.
  • If you do not fill out a withholding certificate, tax will be withheld as if you were married and claiming three withholding allowances. This means that tax will be withheld only if your pension or annuity is at least $1,560 a month (or $18,720 a year).

  • You can choose not to have tax withheld, regardless of how much tax you owed last year or expect to owe this year. You do not have to qualify for exemption. See Choosing Not To Have Income Tax Withheld on this page.

  • If you do not give the payer your social security number (in the required manner) or the IRS notifies the payer before any payment or distribution is made that you gave it an incorrect social security number, tax will be withheld as if you were single and were claiming no withholding allowances. This means that tax will be withheld if your pension or annuity is at least $230 a month (or $2,760 a year).

Effective date of withholding certificate.   If you give your withholding certificate (Form W-4P or a similar form) to the payer on or before the date your payments start, it will be put into effect by the first payment made more than 30 days after you submit the certificate.

  If you give the payer your certificate after your payments start, it will be put into effect with the first payment which is at least 30 days after you submit it. However, the payer can elect to put it into effect earlier.

Nonperiodic Payments

Tax will be withheld at a flat 10% rate on any nonperiodic payments you receive.

Because withholding on nonperiodic payments does not depend on withholding allowances or whether you are married or single, you cannot use Form W-4P to tell the payer how much to withhold. But you can use Form W-4P to specify that an additional amount be withheld. You also can use Form W-4P to choose not to have tax withheld or to revoke a choice not to have tax withheld.

Caution
You may need to use Form W-4P to ask for additional withholding. If you do not have enough tax withheld, you may need to pay estimated tax, as explained in chapter 2.

Eligible Rollover Distributions

A distribution you receive that is eligible to be rolled over tax free into a qualified retirement or annuity plan is called an eligible rollover distribution (ERD). This is the taxable part of any distribution from a qualified pension plan or tax-sheltered annuity that is not any of the following.

  1. A required minimum distribution.

  2. One of a series of substantially equal periodic pension or annuity payments made over:

    1. Your life (or your life expectancy) or the joint lives of you and your beneficiary (or your life expectancies), or

    2. A specified period of 10 or more years.

  3. A hardship distribution.

The payer of a distribution must withhold at a flat 20% rate on any part of an ERD that is distributed rather than rolled over directly to another qualified plan. You cannot elect not to have withholding on these distributions. No withholding is required on any part rolled over directly to another plan.

Choosing Not To Have Income Tax Withheld

For payments other than ERDs, you can choose not to have income tax withheld. The payer will tell you how to make this choice. If you use Form W-4P, check the box on line 1 to make this choice. This choice will remain in effect until you decide you want withholding.

The payer must withhold if either of the following applies:

  • You do not give the payer your social security number (in the required manner), or

  • The IRS notifies the payer, before any payment or distribution is made, that you gave it an incorrect social security number.

If you do not have any income tax withheld from your pension or annuity, or if you do not have enough withheld, you may have to pay estimated tax. See chapter 2.

If you do not pay enough tax either through estimated tax or withholding, or a combination of both, you may have to pay a penalty. See chapter 4.

Payments delivered outside the United States.   You generally must have tax withheld from pension or annuity benefits delivered outside of the United States. However, if you are a U.S. citizen or resident alien, you can choose not to have tax withheld if you give the payer of the benefits a home address in the United States or in a U.S. possession. The payer must withhold tax if you provide a U.S. address for a nominee, trustee, or agent to whom the benefits are to be delivered, but do not provide your own home address in the United States or in a U.S. possession.

Notice required of payer.   The payer of your pension or annuity must send you a notice telling you about your right to choose not to have tax withheld.

  Generally, the payer will not send a notice to you if it is reasonable to believe that the entire amount you will be paid is not taxable.

Revoking a choice not to have tax withheld.   The payer of your pension or annuity will tell you how to revoke your choice not to have income tax withheld from periodic or nonperiodic payments. If you use Form W-4P to revoke the choice, enter “Revoked” by the checkbox on line 1 of the form. This will instruct the payer to withhold as if you were married and claiming three allowances. However, you can tell the payer exactly how much to withhold by completing line 2 of the form.

Gambling Winnings

Income tax is withheld at a flat 25% rate from certain kinds of gambling winnings.

Gambling winnings of more than $5,000 from the following sources are subject to income tax withholding.

  • Any sweepstakes; wagering pool, including payments made to winners of poker tournaments on or after March 4, 2008; or lottery.

  • Any other wager if the proceeds are at least 300 times the amount of the bet.

It does not matter whether your winnings are paid in cash, in property, or as an annuity. Winnings not paid in cash are taken into account at their fair market value.

Exception.   Gambling winnings from bingo, keno, and slot machines are generally not subject to income tax withholding. However, you may need to provide the payer with a social security number to avoid withholding. See Backup withholding on gambling winnings below. If you receive gambling winnings not subject to withholding, you may need to pay estimated tax. See chapter 2.

If you do not pay enough tax, either through withholding or estimated tax, or a combination of both, you may have to pay a penalty. See chapter 4.

Form W-2G.   If a payer withholds income tax from your gambling winnings, you should receive a Form W-2G, Certain Gambling Winnings, showing the amount you won and the amount withheld.

  Report the tax withheld on Form 1040, line 64.

Information to give payer.   If the payer asks, you must give the payer all the following information.
  • Your name, address, and social security number.

  • Whether you made identical wagers (explained below).

  • Whether someone else is entitled to any part of the winnings subject to withholding. If so, you must complete Form 5754, Statement by Person(s) Receiving Gambling Winnings, and return it to the payer. The payer will use it to prepare a Form W-2G for each of the winners.

Identical wagers.   You may have to give the payer a statement of the amount of your winnings, if any, from identical wagers. If this statement is required, the payer will ask you for it. You provide this statement by signing Form W-2G or, if required, Form 5754.

  Identical wagers include two bets placed in a pari-mutuel pool on one horse to win a particular race. However, the bets are not identical if one bet is “to win” and one bet is “to place.” In addition, they are not identical if the bets were placed in different pari-mutuel pools. For example, a bet in a pool conducted by the racetrack and a bet in a separate pool conducted by an offtrack betting establishment in which the bets are not pooled with those placed at the track are not identical wagers.

Backup withholding on gambling winnings.   If you have any kind of gambling winnings and do not give the payer your social security number, the payer may have to withhold income tax at a flat 28% rate. This rule also applies to winnings of at least $1,200 from bingo or slot machines or $1,500 from keno, and to certain other gambling winnings of at least $600.

Unemployment Compensation

You can choose to have income tax withheld from unemployment compensation. To make this choice, you will have to fill out Form W-4V (or a similar form provided by the payer) and give it to the payer.

Unemployment compensation is taxable. So, if you do not have income tax withheld, you may have to pay estimated tax. See chapter 2.

If you do not pay enough tax, either through withholding or estimated tax, or a combination of both, you may have to pay a penalty. See chapter 4.

Form 1099-G.   If you receive $10 or more in unemployment compensation, you will receive a Form 1099-G, Certain Government Payments. Box 1 will show the amount of unemployment compensation you got for the year. Box 4 will show the amount of federal income tax withheld, if any.

Federal Payments

You can choose to have income tax withheld from certain federal payments you receive. These payments are:

  1. Social security benefits,

  2. Tier 1 railroad retirement benefits,

  3. Commodity credit loans you choose to include in your gross income, and

  4. Payments under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), or title II of the Disaster Assistance Act of 1988, as amended, that are treated as insurance proceeds and that you received because:

    1. Your crops were destroyed or damaged by drought, flood, or any other natural disaster, or

    2. You were unable to plant crops because of a natural disaster described in (a).

To make this choice, fill out Form W-4V (or a similar form provided by the payer) and give it to the payer.

If you do not choose to have income tax withheld, you may have to pay estimated tax. See chapter 2.

If you do not pay enough tax, either through withholding or estimated tax, or a combination of both, you may have to pay a penalty. See chapter 4.

More information.   For more information about the tax treatment of social security and railroad retirement benefits, get Publication 915, Social Security and Equivalent Railroad Retirement Benefits. Get Publication 225, Farmer's Tax Guide, for information about the tax treatment of commodity credit loans or crop disaster payments.

Backup Withholding

Banks or other businesses that pay you certain kinds of income must file an information return (Form 1099) with the IRS. The information return shows how much you were paid during the year. It also includes your name and taxpayer identification number (TIN). TINs are explained later in this discussion.

These payments generally are not subject to withholding. However, “backup” withholding is required in certain situations.

Payments subject to backup withholding.   Backup withholding can apply to most kinds of payments that are reported on Form 1099. These include:
  • Interest payments (Form 1099-INT),

  • Dividends (Form 1099-DIV),

  • Patronage dividends, but only if at least half the payment is in money (Form 1099-PATR),

  • Rents, profits, or other gains (Form 1099-MISC),

  • Commissions, fees, or other payments for work you do as an independent contractor (Form 1099-MISC),

  • Payments by brokers (Form 1099-B),

  • Payments by fishing boat operators, but only the part that is in money and that represents a share of the proceeds of the catch (Form 1099-MISC), and

  • Royalty payments (Form 1099-MISC).

Backup withholding also may apply to gambling winnings. See Backup withholding on gambling winnings under Gambling Winnings on page 15.

Payments not subject to backup withholding.   Backup withholding does not apply to payments reported on Form 1099-MISC (other than payments by fishing boat operators and royalty payments) unless at least one of the following three situations applies.
  • The amount you receive from any one payer is $600 or more.

  • The payer had to give you a Form 1099 last year.

  • The payer made payments to you last year that were subject to backup withholding.

  Form 1099 and backup withholding are generally not required for a payment of less than $10.

Withholding rules.   When you open a new account, make an investment, or begin to receive payments reported on Form 1099, the bank or other business will give you Form W-9, Request for Taxpayer Identification Number and Certification, or a similar form. You must enter your TIN on the form and, if your account or investment will earn interest or dividends, you also must certify (under penalties of perjury) that your TIN is correct and that you are not subject to backup withholding.

  The payer must withhold at a flat 28% rate in the following situations.
  • You do not give the payer your TIN in the required manner.

  • The IRS notifies the payer that the TIN you gave is incorrect.

  • You are required, but fail, to certify that you are not subject to backup withholding.

  • The IRS notifies the payer to start withholding on interest or dividends because you have underreported interest or dividends on your income tax return. The IRS will do this only after it has mailed you four notices over at least a 210-day period.

Taxpayer identification number.   Your TIN is one of the following three numbers.
  • Your social security number (SSN).

  • Your employer identification number.

  • An IRS individual taxpayer identification number (ITIN). Aliens who do not have an SSN and are not eligible to get one should get an ITIN. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN.

  An ITIN is for tax use only. It does not entitle you to social security benefits or change your employment or immigration status under U.S. law. For more information on ITINs, get Publication 1915, Understanding Your IRS Individual Taxpayer Identification Number.

How to prevent or stop backup withholding.   If you have been notified by a payer that the TIN you gave is incorrect, you can usually prevent backup withholding from starting or stop backup withholding once it has begun by giving the payer your correct name and TIN. You must certify that the TIN you give is correct.

  However, the payer will provide additional instructions if the TIN you gave needs to be validated by the Social Security Administration or by the IRS. This may happen if both the following conditions exist.
  1. The IRS notifies the payer twice within 3 calendar years that a TIN you gave for the same account is incorrect.

  2. The incorrect TIN is still being used on the account when the payer receives the second notice.

Underreported interest or dividends.   If you have been notified that you underreported interest or dividends, you must request a determination from the IRS to prevent backup withholding from starting or to stop backup withholding once it has begun. You must show that at least one of the following situations applies.
  • No underreporting occurred.

  • You have a bona fide dispute with the IRS about whether an underreporting occurred.

  • Backup withholding will cause or is causing an undue hardship and it is unlikely that you will underreport interest and dividends in the future.

  • You have corrected the underreporting by filing an original return if you did not previously file one, or by filing an amended return, and by paying all taxes, penalties, and interest due for any underreported interest or dividend payments.

  If the IRS determines that backup withholding should stop, it will provide you with certification and will notify the payers who were sent notices earlier.

Penalties.    There are civil and criminal penalties for giving false information to avoid backup withholding. The civil penalty is $500. The criminal penalty, upon conviction, is a fine of up to $1,000 or imprisonment of up to one year, or both.

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