How Much Does an Employee Have to Make Before You Have to Withhold Federal & State Taxes? (2024)

By Patrick Gleeson, Ph. D., Updated February 12, 2019

There is no threshold amount for withholding taxes from an employee's wages. As an employer, you're responsible for withholding taxes on every employee's wages from day one based on the information the employee provides to you on Form W-4. However, there is an income threshold that employees must reach before they are required to file federal and state tax returns.

The Difference Between Paying Taxes and Withholding Taxes

For the tax year 2018, some taxpayers have no obligation to pay federal income taxes at all. This is because their income was less than the standard federal deduction all taxpayers receive plus the additional deduction if they aren't claimed as a dependent on another taxpayer's return. For a single adult under 65 the threshold limit is $12,000. If the taxpayer earned no more than that, no taxes are due. This situation is only slightly different for other taxpayer brackets, such as for single taxpayers over 65, who have a gross income threshold of $13,600.

If no taxes are due, the taxpayer has no obligation to file a tax return.

Employer Tax Obligations

The fact that some taxpayers don't have to file a return concerns the taxpayer but not the employer. An employer who is new to the game might believe that if an employee's wages are less than $12,000, the employer doesn't need to withhold taxes. It seems to make sense initially; why would you withhold taxes that don't have to be paid?

When you think about that for a minute, you'll conclude that this can't be right. For one thing, most employment contracts – verbal contracts included – are open-ended, meaning there's a start date but no termination date. In most cases, as the employer, you won't know how much an employee might earn over the tax year, which is why you need to start deducting taxes from the first paycheck.

What if an employee is on a temporary assignment, and you know when you hire him that his total wages will be less than $12,000? You still have to withhold taxes. The employee may be on a temporary assignment and be gone in a month, having earned substantially less than the threshold but what about the rest of the year? He may, as many workers do these days, have a series of temporary employment positions. Until Dec. 31, no one can say for sure that his total wages will be under the $12,000 threshold, so with a single exception, you are obligated to withhold taxes on every employee's earnings.

The One Exception

Occasionally, you may have an employee who hands in a W-4 with so many exemptions that no taxes are due. Hold on to that employee's W-4, though, because the IRS has a right to ask you for it. If the IRS concludes the employee's deductions are improper, it'll send you a "lock-in letter," stating the maximum amount of exemptions the employee can claim. Save that letter as well, or better still, make a copy and give it to the employee. It will notify the employee that from now on you'll be deducting federal income taxes according to the IRS lock-in letter.

Withholding State Taxes

Whether you are obligated to withhold state income taxes as an employer depends on the state where the work occurred.

Seven states have no state income taxes: Alaska, Florida, Nevada, South Dakota, Texas, Washington and Wyoming. Residents of these states don't owe state taxes, so you have no taxes to withhold.

This is likely also the case in New Hampshire and Tennessee. These states don't tax wages, although they do tax interest and dividend income. An employee working in New Hampshire, for example, may have to pay taxes on dividend earnings, but that's between the employee and the state. Since the wages he earned aren't taxable, there's nothing for employers to withhold.

In all other states, that's not the case. In any state with a state tax on wages, employers must withhold an additional amount of wages for state taxes. The tax rates and payment procedures vary from state to state.

Cautionary Note for Employees

Although you have no obligation to file a federal income tax return if you're below the threshold, as a wage earner, you should think about filing a tax return anyway to claim a tax refund for the amounts withheld by your employer or employers during the year.

How Much Does an Employee Have to Make Before You Have to Withhold Federal & State Taxes? (2024)

FAQs

How much do I need to make before federal taxes are withheld? ›

No, as employee, you do not have to earn a minimum income for federal and state income tax to be withheld. Federal income tax is based on the employee's filing status, number of allowances/exemptions, earnings, and the IRS withholding tax tables.

Is it illegal for an employer to not withhold enough federal taxes? ›

Employers have a legal responsibility to collect and pay over to the Internal Revenue Service (IRS) taxes withheld from their employees' wages. These employment taxes include withheld federal income tax, as well as the employees' share of social security and Medicare taxes (collectively known as FICA taxes).

What triggers the IRS underpayment penalty? ›

If you didn't pay enough tax throughout the year, either through withholding or by making estimated tax payments, you may have to pay a penalty for underpayment of estimated tax.

What is required to be withheld from employees pay by the US federal government? ›

Employers are required by law to withhold employment taxes from their employees. Employment taxes include federal income tax withholding and Social Security and Medicare Taxes.

Why is no federal tax withheld from my paycheck? ›

You might have claimed to be exempt from federal tax withholding on your IRS Form W-4. You must meet certain requirements to be exempt* from withholding and have no federal income tax withheld from your paychecks. You should check with your HR department to make sure you have the correct amount withheld.

How much do you have to make before paying federal taxes? ›

If you were under 65 at the end of 2023
If your filing status is:File a tax return if your gross income was at least:
Single$13,850
Head of household$20,800
Married filing jointly$27,700 (both spouses under 65) $29,200 (one spouse under 65)
Married filing separately$5
1 more row
Apr 5, 2024

Can I sue my employer for not withholding federal taxes? ›

If its the taxes YOU owe, no you can't sue someone for not taking out what YOU owe. You are supposed to monitor that also. If its they did not take taxes out and are not paying the portion that they owe then you have a different issue that your tax attorney or CPA can address with you.

Is there a penalty for not withholding enough federal taxes? ›

An underpayment penalty is a fine levied by the Internal Revenue Service (IRS) on taxpayers who don't pay enough tax during the year through withholding and/or their estimated tax payments, or who pay late.

Can I tell my employer not to withhold federal taxes? ›

Exemption from withholding

If an employee qualifies, he or she can also use Form W-4 to tell you not to deduct any federal income tax from his or her wages. To qualify for this exempt status, the employee must have had no tax liability for the previous year and must expect to have no tax liability for the current year.

Can I still get a refund if no federal taxes were withheld? ›

It's possible. If you do not have any federal tax withheld from your paycheck, your tax credits and deductions could still be greater than any taxes you owe. This would result in you being eligible for a refund. You must file a tax return to claim your refund.

How far back can the IRS audit you? ›

How far back can the IRS go to audit my return? Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years.

How do I know if I will have an underpayment penalty? ›

You will receive an IRS notice if you underpaid estimated taxes. They determine the tax underpayment penalty by calculating the amount based on the taxes accrued (total tax minus tax credits) on your original tax return or a more recent one you filed.

Who is exempt from federal withholding? ›

You can claim exemption from withholding only if both the following situations apply: For the prior year, you had a right to a refund of all federal income tax withheld because you had no tax liability. For the current year, you expect a refund of all federal income tax withheld because you expect to have no liability.

Does everyone have to pay federal withholding? ›

Virtually everyone who receives a paycheck are subject to federal withholding unless they had no tax liability at all in the previous year and don't expect any in the current year. Social Security and Medicare taxes are only withheld at the federal level. Federal taxes have seven tax brackets based on annual income.

How is federal withholding calculated by employer? ›

The amount of tax withheld from your pay depends on what you earn each pay period. It also depends on what information you gave your employer on Form W-4 when you started working. This information, like your filing status, can affect the tax rate used to calculate your withholding.

How do I know how much to have withheld for federal taxes? ›

Use the Tax Withholding Estimator on IRS.gov. The Tax Withholding Estimator works for most employees by helping them determine whether they need to give their employer a new Form W-4. They can use their results from the estimator to help fill out the form and adjust their income tax withholding.

Do I have to report income under $600? ›

Yes. The IRS requires that you report all of your income, even if it's less than $600 and you didn't get a tax form for it. Follow these steps to enter your income. We'll ask you some questions to determine if your income is from self-employment or is ordinary income.

Do I have to file taxes if I made less than $5000? ›

So as long as you earned income, there is no minimum to file taxes in California. It is a good idea to talk with a tax professional to determine your filing status and whether you are required to file or could benefit from doing so anyway.

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