I claim exempt on my W-4.  For the last 3 pay periods, no taxes have
been taken out - fine.  However, my most current check was $400 short
because of taxes.  My employer said they "made a mistake" but that
they cannot issue me a "refund".  Is there any way to get that money
back now, rather than at the end of the year?  Any laws or rules
governing this issue?

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Request for Question Clarification by hummer-ga on 29 Apr 2005 06:37 PDT

Hi aimeezlaw,

Do you have an F, J or M visa?

Thanks, 
hummer

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Clarification of Question by aimeezlaw-ga on 29 Apr 2005 08:50 PDT

I've looked at my card, I don't see an F, J or M

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Request for Question Clarification by hummer-ga on 29 Apr 2005 08:56 PDT

Aimeezlaw, could you please give me a little history? For example, why
are you tax exempt? Are you are nonresident alien? A student? What was
withheld by mistake, e.g., Social Security? Thanks again, hummer

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Clarification of Question by aimeezlaw-ga on 29 Apr 2005 09:08 PDT

The person this happened to has very low income and two children.  It
was federal tax.  Thanks for your help.

My guess is that you can't get anything back. The proper adjustment
will be made when you file your tax return at the end of the year. One
option might be to adjust the number of exemptions you claim in order
to adjust the total that will be withheld for the year. If nothing was
withheld for three pay periods and too much was withheld for one pay
period, you're probably coming out even. I don't think you have any
recourse at this time.

NOTE: This is not legal or financial advice. It's just my opinion
based on personal experience.

Good luck.

~ czh ~

I think the customer is saying that he/she is exempt from withholding
entirely.  Maybe he/she can clarify for the benefit of any researcher
who wants to tackle the question.

Yes, I am exempt.  I did find some information on the IRS website
regarding a 941 that employers file quarterly and that they can enter
discrepencies there.  It also states "If [employer] withheld more than
the right amount of income, social security, or Medicare taxes from
wages paid, give the employee the excess. Any excess income tax
withholding must be reimbursed to the employee before the end of the
calendar year in which it was withheld."

Arizona (my state) has laws coverning wrongful withholding, and treble
damages, however, the IRS site states they have to pay back before the
end of the calendar year.  I don't want to wait that long, but maybe
I've answered my own question....additional info appreciated.  Thanks!

I highly recomend see a couple of lawyers. It may bethat your emploer
would have to pay their fees. And is usually free or low cost first
visit. Also you could look into "legal ais" which could be free to
those of low income.
 Good luck