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Keith Davidson

Is my employer's automated payroll 'audit' when claiming exempt status legal?

So I've been working at this company for about 4 years now and recently discovered something weird with our payroll system. Apparently, they have some kind of automated "audit" that triggers whenever an employee claims exempt on their withholding for a pay period. Here's what happened to me: I picked up several extra shifts last month which pushed my paycheck higher than normal. I decided to go exempt for that one check to get the full amount since I needed cash for some unexpected car repairs. The very next paycheck (where I switched back to normal withholding), they took almost 85% of my entire check for state and federal taxes! When I went to HR about it, they just vaguely said it was an "automated payroll audit" that happens when someone claims exempt and then goes back to regular withholding. They basically told me that's just how their system works and there's nothing they can do about it. Is this even legal? Can employers just decide to take almost your entire paycheck for taxes because you temporarily went exempt on a previous check? I'm completely confused about my rights here and wondering if anyone else has dealt with something similar.

This doesn't sound right at all. While employers are required to withhold taxes based on your W-4 information, there's no IRS rule that allows them to "make up" for exempt withholding by taking 85% of your next check. That's not how tax withholding is supposed to work. When you claim exempt, you're essentially telling your employer not to withhold federal income taxes for that period. When you switch back, they should just resume normal withholding based on your W-4 form - not try to "catch up" on what wasn't withheld before. The payroll system might be incorrectly calculating your year-to-date liability, or there might be a glitch in how it handles the transition from exempt to non-exempt status. Either way, you should request a detailed breakdown of that paycheck to see exactly what taxes were withheld and why.

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This makes sense - but quick question, could this be some kind of annual tax recalculation? Like maybe their system is trying to make sure enough is withheld for the whole year when it sees someone switch back from exempt? Also, is there any specific law I should mention when I go back to HR?

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Payroll systems do sometimes recalculate annual withholding when status changes, but taking 85% of a check is excessive and likely a system error. The IRS Publication 15 (Circular E) outlines employer withholding requirements, and there's nothing that authorizes this kind of extreme "catch-up" withholding. When you go back to HR, ask specifically for the breakdown of all withholding on that check - federal, state, FICA, etc. - and have them explain each amount. If they claim it's their "policy," request to see this policy in writing and ask where in tax law this is authorized. The IRS generally expects withholding to be relatively consistent and reasonable.

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I had a similar issue last year with my company's payroll and discovered taxr.ai (https://taxr.ai) was super helpful for figuring out what was actually happening with my withholding. I uploaded my paystubs and it analyzed exactly what was being withheld and compared it to what should have been taken based on tax laws. Turns out my employer's system was calculating things completely wrong! I took the report to HR and they had to fix it. Not saying your company is intentionally doing something shady, but sometimes these payroll systems have weird glitches that no one notices until someone questions it. The tool helped me understand the exact tax regulations that applied to my situation so I wasn't just going in with a vague complaint.

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Does this actually work for state taxes too? My company does something similar with California taxes and I'm never sure if they're calculating correctly.

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I'm suspicious of any service that claims to analyze tax stuff better than actual payroll systems. How much does it cost? And do you work for them or something? Just seems weird to immediately recommend a specific service...

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Yes, it definitely works for state taxes too! It breaks down all withholding categories including federal, state, local taxes, FICA, Medicare, and any other deductions. Really helpful for California since their tax calculations can get complicated. I don't work for them at all - just a regular employee who was getting frustrated with payroll issues. It's not about analyzing better than payroll systems, it's about verifying when something seems off. There's no monthly subscription or anything like that. I just found it helpful when I was in almost the exact same situation as the original poster.

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Just wanted to follow up and say I actually tried taxr.ai after my skeptical comment. Uploaded my last two paystubs where this weird withholding happened and it immediately flagged that my employer was incorrectly calculating a "catch-up" withholding. The report showed that they were using some outdated withholding formula from like 5 years ago! The best part was getting the detailed explanation of which IRS regulations actually apply. Went back to HR with this info and suddenly they were able to "look into it" and fix the issue. Got a corrected paycheck with like $640 back that had been over-withheld. Sometimes you just need the right documentation to get through to payroll departments.

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If you can't get anywhere with HR, you might want to try getting through to the IRS directly to ask about the legality of this practice. I know calling them is usually a nightmare with hours on hold, but I used this service called Claimyr (https://claimyr.com) and they got me through to an actual IRS agent in under 15 minutes when I had a similar withholding issue last year. They have this demo video showing how it works: https://youtu.be/_kiP6q8DX5c I was pretty desperate after my company's payroll department kept giving me the runaround about some weird tax withholding on my checks. The IRS agent confirmed that employers can't arbitrarily increase withholding as some kind of "penalty" for previously claiming exempt - they have to follow the W-4 guidelines. Having that official confirmation made it way easier to get my company to fix the issue.

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Wait, how exactly does this work? They somehow get you through the IRS phone queue faster? That sounds impossible. The IRS phone system is notoriously understaffed.

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Yeah right, nothing gets you through to the IRS faster. I've spent literally DAYS of my life on hold with them. If this actually worked, everyone would be using it and the "fast lane" would just become the regular slow lane again. Sounds like total BS to me.

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The service uses a combination of analytics on IRS call volumes and automated redialing to get you through when call volumes drop. It's not a special "fast lane" - they just handle the waiting and calling process so you don't have to. When a real person at the IRS answers, you get connected immediately. It's definitely real - I was skeptical too until I tried it. The IRS is understaffed, but there are certain times when call volumes naturally drop and getting through is easier. They've apparently figured out those patterns and their system takes advantage of those windows.

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Ok I have to eat my words about Claimyr. After dismissing it, I was still struggling with this exact same payroll audit issue at my job and getting nowhere with HR. Finally got desperate enough to try it yesterday. Not gonna lie, I was shocked when I got connected to an actual IRS agent in about 20 minutes (instead of the 2+ hours I spent last time I called). The agent confirmed that there's absolutely NO provision in tax law for an employer to automatically "recapture" taxes from previous pay periods where you claimed exempt. They're only supposed to withhold based on your current W-4 status. Showed the info to my payroll department today and magically they're now "reviewing their withholding procedures." Sometimes you just need to get the official word from the IRS to cut through the BS.

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Have you checked your actual W-4 form on file? Sometimes companies make mistakes with the paperwork. My employer once had me filed incorrectly which caused weird withholding patterns. You should request to see your actual W-4 on file and make sure it matches what you intended to submit. Also, when you claimed exempt, did you properly fill out a new W-4 form or just ask payroll to make the change? There's a specific process for claiming exempt status that requires a proper form submission.

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I did file the proper W-4 form both times - once to claim exempt and then again to go back to my normal withholding status. I've asked HR to show me the forms on file and they said they would "look into it." I'm starting to think there might be an actual glitch in their system based on what everyone is saying here. No one I've talked to seems to think this kind of massive withholding catch-up is normal or legal. Going to push harder for that breakdown of withholding and maybe try contacting the IRS directly.

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Did the extra shifts push you into a higher tax bracket maybe? Sometimes when you suddenly earn a lot more in one pay period, the withholding system thinks your annual salary jumped up permanently and calculates taxes based on that higher projected annual income.

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That's not how tax brackets work though. Even if OP temporarily jumped into a higher bracket, only the amount OVER the threshold gets taxed at the higher rate. The system shouldn't suddenly withhold 85% of their entire check.

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You're right about how brackets work, but payroll systems sometimes make this exact mistake. They see one high paycheck and calculate withholding as if every check will be that high for the rest of the year, which can result in over-withholding. Combined with switching from exempt status, it could explain the issue.

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