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IRS Lock-In Letter: What You Need to Know

Written by Kayla Kelly | Apr 14, 2020

Understanding IRS Lock-In Letter Details

If you’ve received a Lock-in letter from the IRS, it’s not a penalty informing you that taxes are due. However, it does mean that the IRS has determined that you’re not withholding enough taxes as an employer or employee, and you will likely have more money withheld from your future paychecks. Knowing what you can do when you receive a Lock-in letter will help you avoid any unnecessary repercussions from the IRS.

What is a Lock-In Letter From the IRS?

A Lock-in letter is a special order given by the IRS to employers, requesting them to withhold taxes from an employee’s wages at a minimum rate. The IRS believes employees have consistently submitted incorrect W-4 Forms, are required to have more taxes withheld on future paychecks, and work for an employer that is not taking compliance seriously.

In response, the employer has 60 days to begin withholding at the specified rate. Although Lock-in letters can be appealed, they are time-sensitive. If an employee wants to challenge their allowances after receiving the Lock-in letter, he or she must submit a revised W-4 Form directly to the IRS for approval.

If the IRS does determine that an employee should be exempt, they may send a 2802C Letter. This letter will give information on how to self-correct the matter before the IRS takes further action.

If changes aren’t made, the IRS will send a 2801C Letter. This letter states that employees are not entitled to claim exempt status and are required to respond directly to the IRS within 60 days for a modification. After the 60 days, income tax will be withheld from wages at a single rate with zero allowances.

Reasons for Receiving a Lock-In Letter:

Receiving a lock-in letter typically happens when the IRS identifies issues with how much federal income tax is being withheld from an employee’s paycheck.

One common trigger is under-withholding taxes, often caused by submitting inaccurate or incomplete W-4 forms. This can lead to discrepancies between the tax amount withheld and what the IRS expects based on the employee's earnings and filing status.

The IRS closely monitors withholding practices to catch patterns of underpayment. They use data matching and automated systems to flag inconsistencies in tax filings. If errors persist, the IRS intervenes to ensure taxes are withheld correctly.

Accurate withholding helps to avoid tax liabilities. Incorrect amounts can result in penalties, interest, or a significant tax bill at the end of the year. By keeping W-4 forms up to date and withholding in line with actual earnings, employees and employers can prevent lock-in letters and maintain compliance with IRS regulations.

Types of Lock-In Letters

The IRS issues different types of lock-in letters, each with a specific purpose aimed at addressing withholding issues.

Understanding these letters can help both employers and employees take the appropriate actions to resolve the matter effectively.

  • 2800C Letter: This initial letter notifies the employee of withholding concerns and gives them a chance to submit a corrected W-4 Form. If no action is taken within the specified time, the IRS will intervene and issue further instructions.
  • 2801C Letter: Sent when the IRS determines that an employee is not entitled to claim exempt status. Employers must start withholding taxes based on the single status with zero allowances unless the employee resolves the issue within 60 days.
  • 2802C Letter: This letter is a follow-up or resolution notice. It informs the employee and employer of any approved changes to withholding allowances, allowing the situation to be corrected without additional IRS enforcement.

Each letter type escalates the IRS’s involvement

Employee Responsibilities and Actions

If you receive a lock-in letter from the IRS, act quickly and follow the outlined steps to address the situation. Taking proactive measures can help you avoid penalties and ensure your withholding is accurate.

  • Review the Lock-In Letter Carefully: Read the letter to understand why it was issued and the specific withholding instructions provided.
  • Submit a Corrected W-4 Form: If you believe your current withholding is accurate, gather supporting documents (such as pay stubs and tax returns) and submit a revised W-4 Form directly to the IRS.
  • Appeal the Withholding Determination: To appeal, contact the IRS within the time frame specified in the letter (typically 60 days). Provide all requested documentation to justify your withholding allowances.
  • Communicate with Your Employer: Inform your employer about your plan to appeal or adjust your withholding. Until the IRS approves changes, your employer must follow the lock-in instructions.
  • Respond Promptly: Timely communication with the IRS is critical. Delayed responses may lead to mandatory withholding adjustments that cannot be reversed.

Following these steps allows you to address the issue effectively while maintaining compliance with IRS regulations.

Employer Obligations and Compliance

When an employer receives a lock-in letter from the IRS, they are required to act promptly to ensure compliance. The letter outlines specific instructions for adjusting the employee’s tax withholding, which must be implemented within 60 days.

Employers are legally obligated to follow these instructions, even if the employee submits a revised W-4 Form, unless the IRS provides approval for changes.

It is also the employer’s responsibility to notify the affected employee about the letter and withholding changes. This communication ensures that the employee is aware of the situation and can take steps to address it with the IRS if necessary. Employers must adhere strictly to the lock-in letter’s requirements and cannot make unauthorized adjustments to withholding.

Failure to comply with a lock-in letter can result in serious consequences. Employers may be held liable for the unpaid taxes that should have been withheld and may also face penalties for non-compliance.

Duration and Modification of Lock-In Letters

A lock-in letter remains in effect until the IRS determines that withholding adjustments are no longer necessary. This means the employer must continue to withhold taxes at the specified rate indefinitely unless the IRS provides updated instructions.

Employees and employers must adhere to the letter’s requirements, even if the employee changes jobs, unless the IRS explicitly releases or modifies the lock-in order.

To request modifications or a release of the lock-in letter, employees can take the following steps:

  • Contact the IRS: Reach out to the IRS directly using the contact information provided in the lock-in letter. Ensure all communication happens within the timeframe specified in the letter.
  • Submit a Revised W-4 Form: Complete and send an updated W-4 Form with accurate information to the IRS, along with supporting documentation.
  • Provide Supporting Documents: Include any evidence that supports a lower withholding amount, such as details of additional deductions or income adjustments.
  • Wait for IRS Approval: The IRS will review the submitted materials and issue a decision. Employers can only implement changes once the IRS sends written approval.

Maintaining compliance during this period will help prevent penalties or further action by the IRS. Employers must continue withholding at the rates specified in the lock-in letter until the IRS approves any requested changes, and employees should act quickly to resolve any discrepancies.

Preventive Measures

Taking proactive steps can help employees and employers avoid the complications of a lock-in letter. The key is to maintain accurate and up-to-date withholding practices.

  • Use the IRS Tax Withholding Estimator: Employees should regularly check their withholding using the online estimator to ensure it aligns with their current financial situation.
  • Review and Update W-4 Forms Annually: Set a schedule to revisit withholding allowances every year, even if there are no major changes.
  • Adjust for Life Changes: Promptly update W-4 forms after significant events like marriage, divorce, having a child, or a substantial change in income.
  • Consult a Tax Professional: For complex financial situations, seek guidance from a tax advisor to avoid under-withholding.
  • Educate Employees: Employers should provide resources and reminders about the importance of accurate withholding and how to make updates.

These best practices help employees and employers stay compliant and reduce the likelihood of IRS intervention.

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About the Author

Kayla is the Marketing Manager at Paypro Corporation overseeing all inbound and outbound marketing and sales efforts. She has 7+ years of experience working within the B2B and SaaS based solutions space and thrives on creating messaging and campaigns that introduce products and services to those who need them most.

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