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Federal · Internal Revenue Service

Withholding lock-in letter

Letter 2800C · Letter 2801C

What it is
The IRS has determined that an employee's Form W-4 understates withholding and instructs the employer (2800C) to withhold at a specified filing status and withholding rate. The employee receives a 2801C. The employer must follow the letter even if the employee submits a new W-4 claiming less.
The clock it starts
The employer begins withholding under the lock-in on the date the letter states, 60 days after the letter date. The employee may contest the determination with the IRS before that date; a new W-4 that increases withholding may be honored at any time.
What a response has to establish
For the employee: the withholding computation that shows the W-4 was adequate, submitted to the IRS address in the letter. For the employer: compliance on the stated date and a record of it.
Authority
  • IRC §3402
  • Treas. Reg. §31.3402(f)(2)-1
  • IRS Publication 15
What CitedTax drafts for this notice

A response to the IRS on the employee's behalf with the withholding computation, or an employer compliance memo.

One credit. Upload the notice, state the firm's position and the facts, and the draft comes back in about thirty minutes with every claim graded against the cited text.

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