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  • Tax deduction Maryland

    After searching my Mandated Benefits book for a conclusive answer I find myself referring to your site...
    Is an ER REQUIRED to send in $50 to the IRS every pay period because the EE has asked you to? The ER is withholding an extra $20, but the EE specifically wants a check cut for $50 and sent in on his behalf. There is not an order or request, for a better lack of words, from the IRS.

  • #2
    The employee wants you to write a check for $50 every week to the IRS on his behalf? No, you don't have to do that.

    However, if he has completed his W-4 form to indicate that he wants an additional $50 over and above his regular deductions, taken from his paycheck, then you have to take $50 and not $20.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Thankk you for that confirmation.

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      • #4
        I quote from my friend DAW (hopefully, with his permission, since he didn't copyright it )

        I can give you a "soft" answer, with no hard support. The employer is under no legal obligation to comply with a voluntary wage withholding agreement between the IRS and the employee. HOWEVER, IRS is perfectly capable of turning this into a mandatory agreement with the employer's name on it. While I personally in not in favor of employers complying with "voluntary" withholding agreements unless legally requirement (some states have such laws), I always considered IRS to be the 800 pound bear that slept where ever it wanted to. Smart employers do not pull on the bear's tail.
        Read "mandatory agreement with the employer's name on it." as Tax Levy. Then you would HAVE to comply.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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