Legal Question in Tax Law in Florida

W-4 Filing with Employer

I recently began work for a new employer. I qualify and have claimed EXEMPT ststus on my W4 form. My employer ignored this filing and told me he was instructed by his CPA to deduct as if I was filing 0 dependants.

Can an emploer do this? I have since quit but hey, they have deducted $300 they should not have. How do I go about recoverying this money I NEDD? Thank you.


Asked on 4/08/02, 3:06 pm

2 Answers from Attorneys
Karen Spigler Law Firm of Karen Spigler, LLC

Re: W-4 Filing with Employer

You would get your $300 refunded by filing an income tax return after the year. Note: You can only claim exempt if you got back all of the tax you paid in the previous year since you owed no tax and you expect to owe no tax in the current year. If you earn more than $750 with over $250 in unearned income (such as interest or dividends), then you cannot claim exemption. The exemption is only good through February 15, then you have to file another W4.

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Answered on 4/08/02, 3:51 pm
Sanford Martin Martin Law Office

Re: W-4 Filing with Employer

You will have to wait until you file your 2002 federal income tax return. You are advised to claim the proper number of deductions and your filing status when you prepare the next W-4, forgetting about "exempt" status.

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Answered on 4/08/02, 3:56 pm


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