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Employers must use a modified procedure to figure the amount of federal income tax withholding on the wages of nonresident alien employees. Before you use any of the alternative methods to figure the federal income tax withholding on the wages of nonresident alien employees, see Withholding Adjustment for Nonresident Alien Employees , earlier.
Annualized wages.
The Percentage Method Tables for Automated Payroll Systems in section 1 and Worksheet 1A allow you to figure federal income tax withholding based on annualized wages.
Average estimated wages.
You may withhold the tax for a payroll period based on estimated average wages, with necessary adjustments, for any quarter. For details, see Regulations section 31.3402(h)(1)-1.
Cumulative wages.
An employee may ask you, in writing, to withhold tax on cumulative wages. If you agree to do so, and you’ve paid the employee for the same kind of payroll period (weekly, biweekly, etc.) since the beginning of the year, you may figure the tax as follows.
Add the wages you’ve paid the employee for the current calendar year to the current payroll period amount. Divide this amount by the number of payroll periods so far this year, including the current period. Figure the withholding on this amount, and multiply the withholding by the number of payroll periods so far this year, including the current period. Subtract the total tax already deducted and withheld during the calendar year from the total amount of tax calculated. The excess is the amount to withhold for the current payroll period. See Revenue Procedure 78-8, 1978-1 C.B. 562, for an example of the cumulative method.
Part-year employment.
A part-year employee who figures income tax on a calendar-year basis may ask you to withhold tax by the part-year employment method. The request must be in writing, must be under penalties of perjury, and must contain the following information.
The last day of any employment during the calendar year with any prior employer.
A statement that the employee uses the calendar-year accounting period.
A statement that the employee reasonably anticipates that they will be employed by all employers for a total of no more than 245 days in all terms of continuous employment (defined below in this section) during the current calendar year.
Complete the following steps to figure withholding tax by the part-year method.
Add the wages to be paid to the employee for the current payroll period to any wages that you’ve already paid to the employee in the current term of continuous employment. See the definition for “term of continuous employment,” later.
Add the number of payroll periods used in step 1 to the number of payroll periods between the employee’s last employment and current employment. To find the number of periods between the last employment and current employment, divide the number of calendar days between the employee’s last day of earlier employment (or the previous December 31, if later) and the first day of current employment by the number of calendar days in the current payroll period.
Divide the step 1 amount by the total number of payroll periods from step 2.
Find the tax in the withholding tax tables on the step 3 amount. Be sure to use the correct payroll period table and to take into account the employee’s withholding allowances if their Form W-4 is from 2019 or earlier, or take into account other information provided on the employee’s 2020 or later Form W-4.
Multiply the total number of payroll periods from step 2 by the step 4 amount.
Subtract from the step 5 amount the total tax already withheld during the current term of continuous employment. Any excess is the amount to withhold for the current payroll period.
Term of continuous employment.
A term of continuous employment may be a single term or two or more following terms of employment with the same employer. A term of continuous employment includes holidays, regular days off, and days off for illness or vacation. A term of continuous employment begins on the first day that an employee works for you and earns pay. It ends on the earlier of the employee’s last day of work for you or, if the employee performs no services for you for more than 30 calendar days, the last workday before the 30-day period. If an employment relationship is ended, the term of continuous employment is ended even if a new employment relationship is established with the same employer within 30 days.
Other methods.
You may use other methods and tables for withholding taxes, as long as the amount of tax withheld is consistently about the same as it would be under the Percentage Method, as discussed in section 1 . If you develop an alternative method or table, you should test the full range of wage and allowance situations to be sure that they meet the tolerances contained in Regulations section 31.3402(h)(4)-1(a) as shown in the table next.
IF the tax required to be withheld under the annual percentage is... THEN the annual tax withheld under your method may not differ by more than... less than $10.00 $9.99. $10 or more but under $100 $10 plus 10% of the excess over $10. $100 or more but under $1,000 $19 plus 3% of the excess over $100. $1,000 or more $46 plus 1% of the excess over $1,000.