Green card and taxes

[Jass 73]

Hi all. When a non-US citizen has a green card, works and is married to a US citizen, on their W4 for their employer, are they only allowed to claim single? My husband's job told him that he can only claim single on his w4. I don't think that is fair, because he is married and taxes are taking soooooo much out of his check. Is this information accurate? 

[debbiedoo 2,339]

He can claim married. he SHOULD claim married. The employer is wrong.

 

 

[Ben&Zian 4,398]

30 minutes ago, Jass said:

Hi all. When a non-US citizen has a green card, works and is married to a US citizen, on their W4 for their employer, are they only allowed to claim single? My husband's job told him that he can only claim single on his w4. I don't think that is fair, because he is married and taxes are taking soooooo much out of his check. Is this information accurate? 

 

He should be able to claim married, nothing legally stopping him from doing such.

 

He does not have to technically as when he files taxes each year obviously he will file as married . We both pay 'single' tax rate each pay period ourselves at our respective works, but that's so at the end of the year we get a bigger tax return; but also because the amount of our incomes if we don't we may owe one year so we are trying to avoid that. Several people I know at my work do the same, some even with kids just pay the single rate then add it all on at the end of the year for max return.

 

 

[kzielu 1,149]

31 minutes ago, Jass said:

Hi all. When a non-US citizen has a green card, works and is married to a US citizen, on their W4 for their employer, are they only allowed to claim single? My husband's job told him that he can only claim single on his w4. I don't think that is fair, because he is married and taxes are taking soooooo much out of his check. Is this information accurate? 

This is just witholding.  He is going to get money back assummed he overpayed once he files his return next year as married however of course he can claim whatever he wants. This is none of employers business after all.

[Ben&Zian 4,398]

Exactly as above. 

[Loren Y 2,755]

Yes, the W4 is not based technically on the number of people in the household or anything like that. People always think it is based on people, such as I have 2 kids, so add 2 to the W4. It is based on deductions. I file taxes quarterly, so I always adjust my W4 during the year to keep more money in my pocket. Usually 3 months out of the year I go exempt with no taxes taken out of my paycheck. It's all a game you have to play. The way to win the game is to break even at the end of the year. Owe nothing or very little, and not get a big refund. If you are getting a big refund you are not doing your taxes right. Why give the government an interest free loan with your money.

[Ketsuban 1,034]

10 minutes ago, Loren Y said:

Yes, the W4 is not based technically on the number of people in the household or anything like that. People always think it is based on people, such as I have 2 kids, so add 2 to the W4. It is based on deductions. I file taxes quarterly, so I always adjust my W4 during the year to keep more money in my pocket. Usually 3 months out of the year I go exempt with no taxes taken out of my paycheck. It's all a game you have to play. The way to win the game is to break even at the end of the year. Owe nothing or very little, and not get a big refund. If you are getting a big refund you are not doing your taxes right. Why give the government an interest free loan with your money.

I totally agree. That is money you could invest into your retirement account or any other high yield savings account. Having it stay with the government doing nothing doesn't earn you anything extra. OP, have your husband submit an amended W4 and if they won't accept it then you should seek legal advice... Or have him find another job (easier said than done, I know) because that sounds sketchy af. 

[Jeanne Adil 1,651]

The employer should not tell anyone how to fill out the W4

this is up to the employee and and how much they want withheld

employer should not even see the form unless he/she does the payroll

[Jass 73]

4 hours ago, debbiedoo said:

He can claim married. he SHOULD claim married. The employer is wrong.

 

 

And this is what I thought, but he went to HR and they told him that he can only file single which makes no since because he married 

 

[Jeanne Adil 1,651]

HR is wrong

 

https://www.irs.gov/pub/irs-pdf/fw4.pdf

 

on this form check married as you are married

this is not up to the employer to fill out

you can even print this form out online and takei it into the company and say "this is the way i want my withholdings done"

 

do it from IRS instructions not HR 

[saguaro 2]

Some employers, usually colleges/universities/nonprofits might use "single" in W-4 form. It is for withholding only. By all means, please file taxes together as married (joint or separate) as that is the right way for you to file taxes. Do NOT file them as single as you might have to amend them later. This is not just to comply with USCIS, but also IRS.

[Highmystic 234]

4 hours ago, Jass said:

And this is what I thought, but he went to HR and they told him that he can only file single which makes no since because he married 

 

There have been companies in the past who were busted for over withholding, only to send in partial monies to the IRS and pocket the difference.  Not saying this is the case but has your husband or you actually asked HR point blank  "Why?"  Others are correct that he should just print out and fill out and say "this is what I want it to be"

 

[Jass 73]

3 hours ago, Highmystic said:

There have been companies in the past who were busted for over withholding, only to send in partial monies to the IRS and pocket the difference.  Not saying this is the case but has your husband or you actually asked HR point blank  "Why?"  Others are correct that he should just print out and fill out and say "this is what I want it to be"

 

They gave him the number to corporate HR. We will be calling tomorrow 

 

[belinda63 3,038]

What he claims on his W-4 is his business and his company legally cannot tell him what to claim. I work in payroll and frequently see W-4s with married, 99 dependents. I know they don't have that many dependents but legally they can claim whatever they want. If they owe money at tax time that is between them and the IRS. 

I agree with the above solution, simply have him ask why he cannot have his taxes withheld at the married rate. 

Edit: If a person habitually has too little tax withheld from their checks or fails to file taxes the IRS can require the employer to withhold at a specific rate. This is referred to as an "IRS Lock Letter". That is the only way an employer can tell an employee their withholding must be at a certain status, such as single with zero dependents. But this is a directive received from the IRS not the employer. 

 

Edited September 27, 2018 by belinda63
Additional information

[NikLR 13,227]

My husband purposely withholds as single 0 because he's bad at saving money and wouldn't properly pocket the difference, but I do married 0.  We end up with several grand back at tax time and it's generally used on a large purchase. 

The individual gets to choose how their w4 is.