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Salinas California Form 8233: What You Should Know
Backup withholding is a tax deduction in case you have not been assessed the correct withholding on your compensation under the requirements of IRC Section 13703. Backup withholding protects the IRS against potential over payment of tax, and it allows the IRS to collect on tax due. Backup withholding is also referred to as underpayment. The IRS uses this mechanism to help determine the correct amount to be withheld from your compensation (i.e. the correct tax you are supposed to pay). Backup withholding does not affect your withholding rate nor is it used to calculate your tax (unless you have an exemption for underpayment of tax). Backup withholding is calculated by the IRS based on three factors: The amount due is unknown. The amount due is less than the amount that would have been due had the required information been reported. Your payment was made in error. In this case there are cases where the amount due is more than the amount in error can be determined from the facts and circumstances. Note that backup withholding is calculated on the amount that could exceed your applicable withholding threshold. When determining your required withholding threshold, you use your estimated withholding and, if those amount exceed the IRS withholding amount for the pay period, you will receive a check from the IRS indicating the excess is attributable to you. When determining the amount you should pay your employees, you must make the same calculation above. How you calculate your withholding threshold depends on your withholding method, for example, the withholding rate, whether you are required to use backup withholding, the nature of your compensation, and whether you have made the required to be estimated withholding. Note that backup withholding does not change the amount of the income tax withheld from compensation for foreign residents or non-U.S. corporation shareholders. The amount of withheld tax also will not change if any amount is withheld on your Form W-8. For more information on backup withholding, see IRM 19.2.1.3, Back-Up From Withholding, and IRM 25.6.2.1, Backup Withholding. Note: Backup withholding is not a way to avoid the application of withholding tax or the withholding amount to non-resident aliens. This amount is not included in the assessment date for the period when backup withholding is assessed and is due on or before May 1 of the following year. In other words, this amount cannot be deducted from your refund. You do not have to do anything to avoid withholding tax when your employees are paid from outside the U.S.
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