Are companies allowed to request additional withholding on stock plan transactions?
It depends; the IRS allows employees to request additional withholding on stock plans transactions only if they’re received $1 million or less in supplemental payments during the year. Companies also need to agree to calculate their withholding using Form W-4 as opposed to using the optional flat rate that applies to supplemental payments. This can be a big undertaking for companies, taking up a lot of time.
Why wouldn’t the IRS want more withholding?
The IRS might be worried that employees will request additional withholding on their supplemental payments to find a way around having the right amount of taxes held on their regular income. In other words, the IRS doesn’t want employees purposely filling out a W-4 that results in insufficient withholding on their regular wages and making up for it through their stock plan transactions.
Are there penalties to the company for over withholding?
There are state laws in place that govern how much a company is allowed to deduct from an employee’s paycheck. If a company oversteps this limit, they could have a liability to any impacted employees.
Navigating tax withholding with Founder’s CPA
If you have additional questions about tax withholding or you’re interested in learning more about this topic, our team at Founder’s CPA is here to assist you. Although we’re located in the West Loop neighborhood of Chicago, we’re proud to work with clients across the country! Take advantage of our free 15-minute consultations to get started.