Fraudulent Withholding Exemption

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June 4, 2025
3 min read
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Understanding Tax Withholding Exemptions

When you start a new job, your employer will ask you to fill out a W-4 form. This form determines how much federal income tax is withheld from your paycheck. One of the options on the W-4 is to claim exemption from withholding, but it’s important to understand what this means and the consequences of making this claim.

What Does It Mean to Claim Exemption from Withholding?

Claiming exemption from withholding means that you are telling your employer not to withhold federal income tax from your wages. This is only allowed if you meet certain criteria: you had no federal income tax liability in the previous year and expect to have none in the current year. If you claim exemption and do not qualify, you could owe taxes and penalties when you file your return.

Is it illegal to claim exemption from withholding?

If you claim exemption from withholding when you are not eligible, you could face penalties from the IRS. It is not illegal to claim exemption if you truly qualify, but knowingly making a false claim can be considered tax fraud. Always be honest and accurate when completing your W-4 form.

Who Qualifies for Exemption?

Generally, you can claim exemption if you had no federal income tax liability last year and expect none this year. This typically applies to students, part-time workers, or those with very low income. If you are unsure, consult the IRS guidelines or a tax professional.

What should I put for exemption from withholding?

If you qualify for exemption, you should write “Exempt” in the space provided on the W-4 form. If you do not qualify, do not claim exemption. Instead, fill out the form according to your actual tax situation to ensure the correct amount is withheld from your paychecks.

Consequences of Claiming Exemption

If you claim exemption and you are not eligible, you may end up owing a significant amount of tax at the end of the year, plus interest and penalties. It’s important to review your financial situation carefully before making this claim.

Is it bad to claim exemption from withholding?

Claiming exemption from withholding is not “bad” if you truly qualify. However, if you claim exemption when you do not qualify, you could face a large tax bill and possible penalties. It’s always best to err on the side of caution and consult a tax professional if you are unsure.

What is a False Exemption?

A false exemption occurs when someone claims to be exempt from withholding when they do not actually qualify. This can happen if you incorrectly state that you had no tax liability last year and expect none this year. Filing a false exemption can result in IRS penalties and interest charges.

Conclusion

Claiming exemption from withholding can be beneficial for those who truly qualify, but it’s important to be honest and accurate when filling out your W-4. If you are unsure about your eligibility, consult the IRS website or a tax professional for guidance.

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About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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