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In the realm of employee rights and tax compliance, understanding the nuances of tax forms such as the CA DE35 can be pivotal. This form plays a critical role in ensuring that employers are aligned with the California Franchise Tax Board's (FTB) requirements when it comes to withholding the correct amount of state income tax from employees' wages. If an employee claims more than ten withholding allowances or asserts exemption from state or federal income tax withholding—with the condition that weekly wages exceed $200—the employer is obligated to forward the Employee’s Withholding Allowance Certificate (either Form W-4 for federal or DE 4 for state exemptions) to the FTB. The importance of this document extends beyond mere paperwork; it directly impacts how individuals are taxed and potentially subjects them to penalties should their claims be deemed unreasonable by the FTB. A $500 penalty may be levied against individuals found to have claimed an excessive number of allowances. Moreover, this form highlights the process for disputing the FTB's determination, underscoring the need for employees to provide concrete evidence should they disagree with the withholding judgment. Ensuring both employers and employees are informed about the procedures for reporting, disputing, and complying with the FTB's directives underscores the CA DE35 form's critical role in the broader landscape of tax administration and compliance in California.

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NOTICE TO EMPLOYEES

Your employer must send a copy of your Employee’s Withholding Allowance Certificate

(Form W-4 [federal] or DE 4 [state]) to the Franchise Tax Board (FTB) if the form meets either of the following two conditions:

You claim more than 10 withholding allowances.

You claim to be exempt from state or federal income tax withholding and your employer expects your usual weekly wages to exceed $200.

Your employer will continue to treat the Form W-4 and/or DE 4 as valid until notified, in writing, by the FTB of the proper marital status and number of allowances to use for California Personal Income Tax (PIT) withholding purposes.

If you disagree with the FTB determination, you may request a review of the determination by writing to:

W-4 Unit

Franchise Tax Board MS F180

P.O. Box 2952

Sacramento, CA 95812-2952

Fax: 916-843-1094

You, as the employee, will have to provide proof that the FTB determination is incorrect for California PIT withholding purposes. Your employer must continue to withhold as instructed in the original determination until notified by the FTB, in writing, of any changes.

If the FTB finds that the number of withholding allowances you claimed is unreasonable, you may be subject to a $500 penalty as provided by Section 13101 of the California Unemployment Insurance Code.

- Versión en español en la página 2 -

DE 35 Rev. 14 (5-13) (INTERNET)

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AVISO A EMPLEADOS

Su empleador debe de enviar una copia del certificado del empleado que autoriza la retención de impuestos conocido comúnmente en inglés como, Employee’s Withholding Allowance Certificate (Formularios W-4 [federal] ó DE 4 [estatal]) al Franchise Tax Board (la oficina de recaudación de impuestos estatales), si el formulario cumple con cualquiera de las dos condiciones siguientes:

Usted reclama más de 10 exenciones de retención en los cuales se basa la retención de impuestos.

Usted sostiene estar exento de retención de impuestos federales y estatales y su empleador espera que usted gane su salario normal semanal de más de $200.

Su empleador continuará considerando el Formulario W-4 y/o el formulario DE 4 como válido hasta que sea notificado por el Franchise Tax Board, por escrito, del estado civil apropiado y el número de exenciones que se pueden usar para el propósito de retención del Impuesto de Ingreso Personal (PIT, por sus siglas en inglés) en California.

Si usted no está de acuerdo con la determinación del Franchise Tax Board, usted puede pedir que se revise la determinación escribiendo al:

W-4 Unit

Franchise Tax Board MS F180

P.O. Box 2952

Sacramento, CA 95812-2952

Fax: 916-843-1094

Usted, como empleado, tendrá que proporcionar las pruebas de que la determinación del Franchise Tax Board es incorrecta para el propósito de retención del Impuesto de Ingreso Personal en California. Su empleador continuará la retención como fue indicado en la determinación original hasta que sea notificado por el Franchise Tax Board, por escrito, de cualquier cambio.

Si el Franchise Tax Board decide que el número de exenciones que usted reclama es irrazonable, se le podrá imponer una multa de $500 conforme la Sección 13101 del Código del Seguro de Desempleo de California.

- English version on page 1 -

DE 35 Rev. 14 (5-13) (INTERNET)

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Document Specs

Fact Detail
Form Title Notice to Employees
Requirement Employers must send the Employee’s Withholding Allowance Certificate (Form W-4 (federal) or DE 4 (state)) to the Franchise Tax Board (FTB) under certain conditions.
Conditions The form is sent if an employee claims more than 10 withholding allowances or claims exemption from state or federal income tax withholding and expects weekly wages over $200.
Validity The employer will continue to treat the forms as valid until the FTB notifies them, in writing, of a change in the marital status and number of allowances for California PIT withholding.
Disagreement Process If employees disagree with the FTB's determination, they can request a review by providing proof that the determination is incorrect for California PIT withholding purposes.
Penalty for Unreasonable Claims A $500 penalty can be imposed if the FTB finds the number of withholding allowances claimed is unreasonable, as per Section 13101 of the California Unemployment Insurance Code.
Governing Law California Unemployment Insurance Code Section 13101 and related California Personal Income Tax (PIT) regulations.

Detailed Instructions for Writing Ca De35

Filling out the CA DE35 form is a straightforward process that is crucial for ensuring your tax withholdings are accurate according to your personal and financial situation. This step-by-step guide will help you complete the form correctly. Take your time to understand each step to ensure your employer and the Franchise Tax Board have the correct information to proceed with your tax withholdings.

  1. Review the NOTICE TO EMPLOYEES section carefully to understand under what conditions your employer is required to send this form to the Franchise Tax Board (FTB).
  2. Determine if you have claimed more than 10 withholding allowances or if you are claiming to be exempt from state or federal income tax withholding. Remember, if your usual weekly wages exceed $200, and you claim exemption, this form must be filed.
  3. If either of these conditions applies to you, notify your employer. It is your employer’s responsibility to send a copy of your Employee’s Withholding Allowance Certificate (Form W-4 for federal taxes or DE 4 for state taxes) to the FTB.
  4. Read about the consequences if the Franchise Tax Board disagrees with the number of withholding allowances you claimed. Be aware that an unreasonable claim may subject you to a penalty.
  5. If you disagree with the FTB’s determination about your tax status, write to the W-4 Unit at the Franchise Tax Board, providing the required proof to support your correct withholding status. Make sure to use the address or fax number provided in the notice.
  6. Keep a record of all communications and documents sent to the FTC regarding this matter. It’s important for your records and any future references.
  7. Understand that your employer will follow the original determination for withholding until any changes are officially communicated in writing by the FTB. Stay informed about the status of your request by keeping in touch with your employer.

After completing these steps, it's crucial to regularly review your withholding allowances, especially after major life changes like marriage, the birth of a child, or a change in employment status. Being proactive about your tax withholdings can prevent unexpected tax bills or penalties at the end of the fiscal year.

Things to Know About This Form

What is the purpose of the CA DE35 form?

The CA DE35 form is used by employers to notify the Franchise Tax Board (FTB) when an employee either claims more than 10 withholding allowances or claims exemption from state or federal income tax withholding, and earns more than $200 a week. This notification is crucial for the FTB to ensure the correct amount of Personal Income Tax (PIT) is being withheld from the employee's wages.

When must an employer submit the CA DE35 form to the Franchise Tax Board?

An employer is required to submit the CA DE35 form to the Franchise Tax Board if an employee's W-4 or DE 4 form indicates either of the two situations: claiming more than 10 withholding allowances, or claiming to be exempt from state or federal income tax withholding while expecting to earn over $200 a week. The employer must continue to follow the withholding instructions on the original form until otherwise instructed by the FTB.

What happens if an employee disagrees with the FTB's determination?

If an employee disagrees with the Franchise Tax Board's determination regarding their tax withholding status, they have the right to request a review. To do this, the employee must write to the FTB at the provided address, including evidence that the original determination was incorrect for their California Personal Income Tax withholding purposes.

What are the consequences if the FTB finds the number of allowances claimed to be unreasonable?

If the Franchise Tax Board determines that the number of withholding allowances an employee claimed is unreasonable, a penalty of $500 can be imposed on the employee. This penalty is enforced under Section 13101 of the California Unemployment Insurance Code.

What does an employee need to do to provide proof against the FTB's determination?

An employee challenging the FTB's determination must provide proof that supports their claim. This involves sending written documentation or evidence to the W-4 Unit of the Franchise Tax Board addressing why the determination was incorrect for their situation. The documentation should clearly demonstrate that the number of withholding allowances claimed is reasonable and justified for their California Personal Income Tax withholding.

How long will the employer treat the Form W-4 and/or DE 4 as valid?

An employer will continue to treat the Form W-4 and/or DE 4 as valid until the Franchise Tax Board notifies them, in writing, of a change. This includes any modifications to the employee's marital status or the correct number of allowances to be used for withholding purposes.

Where should the inquiry or proof be sent if an employee seeks to challenge the FTB's determination?

Employees wishing to challenge the FTB's determination should send their inquiry or proof to the following address:

  • W-4 Unit Franchise Tax Board
  • MS F180
  • P.O. Box 2952
  • Sacramento, CA 95812-2952

Faxes can be sent to 916-843-1094.

What information should be included when sending a challenge to the FTB?

When sending a challenge to the FTB, it is important to include the following information:

  1. Full name and address of the employee.
  2. A copy of the Employee’s Withholding Allowance Certificate (Form W-4 or DE 4) that was given to the employer.
  3. Detailed explanation and evidence as to why the determination should be reconsidered.

This documentation will aid in the review process and potentially lead to a reevaluation of the withholding status.

Common mistakes

When filling out the California DE 35 form, individuals often make several mistakes that can lead to issues with the Franchise Tax Board. Here are five common errors:

  1. Failing to accurately report the number of withholding allowances: Individuals sometimes mistake the allowances they're eligible for, either claiming too many or too few. This discrepancy can lead to incorrect withholding amounts, potentially resulting in a tax liability or a smaller refund.

  2. Incorrectly claiming exemption from withholding: Another common error is claiming to be exempt without meeting the specific criteria outlined by the state and federal requirements. This mistake can result in owing taxes when filing your return.

  3. Not updating the form when personal or financial situations change: It's crucial to update withholding allowances following significant life events, such as marriage or the birth of a child. Failure to do so can lead to incorrect withholding amounts.

  4. Omitting necessary documentation or evidence: If disputing a determination by the Franchise Tax Board, providing adequate proof to support claims is essential. Not submitting the necessary documentation can result in the rejection of your dispute.

  5. Overlooking the potential for a penalty: Some individuals may not realize that claiming an unreasonable number of allowances on the form can lead to a hefty penalty. This oversight can be costly, with potential fines reaching $500 under certain sections of the California Unemployment Insurance Code.

It's important for both employees and employers to be diligent when completing and submitting the DE 35 form, ensuring all information is accurate and current to avoid these common pitfalls.

Documents used along the form

When handling the specifics of employment and tax documentation, the CA DE35 form plays a crucial role in ensuring that an employee's withholding allowances are communicated properly to the relevant tax authorities. Besides the CA DE35, there are several other forms and documents which are typically used alongside to provide a comprehensive overview of an employee's financial and employment status, ensuring compliance with both state and federal regulations. Each of these forms serves a distinct purpose, contributing to the meticulous process of managing employment taxes and withholdings.

  • Form W-4 (Federal Employee’s Withholding Allowance Certificate): Used by employees to determine the amount of federal income tax to withhold from their wages. It accompanies the DE 35 when federal withholding needs adjustment based on the employee's situation.
  • Form W-2 (Wage and Tax Statement): Issued by employers to report annual wages and the amount of taxes withheld from paycheck to employees. Essential for employees' tax returns, it complements the CA DE35 by summarizing yearly earnings and withholdings.
  • Form 1099 (Miscellaneous Income): Used to report any income earned outside of traditional employment. This includes freelance or contract work, which might not be subject to withholding, making the coordination with CA DE35 essential for accurate tax reporting.
  • Form I-9 (Employment Eligibility Verification): While not directly related to tax withholding, it verifies an employee's eligibility to work in the U.S. and must be completed by every employee, aligning with DE 35 obligations to ensure all employment is lawfully accounted for.
  • Payroll Records: Employers keep detailed records of all payroll transactions, including withholdings. These documents support the information provided on the CA DE35, ensuring that the withholdings align with the employee's reported allowances.
  • State Specific Withholding Forms: Many states have their own version of a withholding allowance certificate, similar to the federal W-4 form. These are necessary alongside the CA DE35 for employees to specify their state tax withholding preferences.
  • Form W-9 (Request for Taxpayer Identification Number and Certification): Used by freelancers or contractors to provide their Taxpayer Identification Number (TIN) to entities who will pay them. It is crucial for ensuring that all income is reported accurately, complementing the tax information provided by the DE35.
  • State Unemployment Insurance (SUI) Reporting Forms: Employers report wages and pay unemployment taxes using these forms. While not directly affecting individual employee withholdings, they are part of the broader context of employment and tax documentation in which the CA DE35 exists.

In summary, the CA DE35 form is part of a larger ecosystem of employment and tax documentation that ensures the accurate reporting and withholding of employee earnings. Understanding each document's role within this framework helps employers and employees navigate their responsibilities and rights effectively. By working together with these forms, businesses can maintain compliance with regulatory requirements, protecting both the organization and its workforce.

Similar forms

The Federal W-4 form, akin to the California DE 4 form, serves as an Employee’s Withholding Allowance Certificate on a national level. Both documents are vital for determining the amount of federal or state income tax to withhold from an employee's paycheck. Employees specify their marital status, number of allowances, and any additional amount to be withheld. The critical similarity between these documents is their role in ensuring the correct amount of tax is withheld, aligning with the taxpayer's circumstances and mitigating the risk of under or overpaying taxes throughout the fiscal year.

Form W-2, or the Wage and Tax Statement, while serving a different purpose, shares a connection with the CA DE 35 form through the flow of information. The W-2 is issued by employers to both the employee and the IRS at year-end, summarizing annual wages and the amount of taxes withheld. It is the data claimed on forms like the W-4 or DE 4 that directly influences the figures reported on the W-2. Thus, while the DE 35 form communicates an employee’s withholding preferences to the tax authorities, the W-2 completes the cycle by documenting the outcome of those choices.

The I-9 form, or Employment Eligibility Verification, though primarily focused on verifying an employee's legal right to work in the United States, also ties back to payroll processes informed by forms like the CA DE 35. Employers must ensure that employees are authorized to work and thus eligible for legitimate payroll setup, which includes tax withholdings calculated based on the employee's W-4 or DE 4 information. The connection between these documents lies in their shared objective to regulate and legitimize employment and its financial aspects in compliance with federal and state laws.

Schedule C (Form 1040 or 1040-SR), used by sole proprietors to report profits and losses from a business, relates indirectly to the CA DE 35 form paradigm. While CA DE 35 pertains to employee withholding, Schedule C captures the business owner's income and expenses, potentially influencing their personal tax situation and withholding needs if transitioning from or to an employee role. The linkage is in the overarching landscape of tax obligations, where decisions on one form can impact the relevancy and accuracy required on another.

The 1099-MISC form, which reports miscellaneous income, can be associated with the CA DE 35 form through its impact on an individual's total tax liability. Independent contractors, unlike traditional employees who use forms like DE 35 for withholding allowances, receive 1099-MISC forms that reflect income not subject to withholding. This situation underscores the informational interplay between varied tax documents; while one delineates income and tax withheld at source, another outlines additional income streams affecting the taxpayer's overall financial portrait for accurate tax reporting and payment.

Form 941, the Employer's Quarterly Federal Tax Return, plays a collaborative role with the CA DE 35 in the broader scheme of employment taxes. This form is where employers report the total wages paid, tips earned by employees, and the withholding of federal income, Social Security, and Medicare taxes based on information provided in forms like the W-4 or DE 4. The connection between these documents underscores a cycle of tax reporting and remittance, reinforcing the interdependence of various forms to maintain tax compliance and financial accountability within the payroll process.

The Employee’s State Insurance Form (ESI), though more specific to health insurance and social security benefits in certain countries outside the United States, shares conceptual similarities with the CA DE 35 form regarding employee welfare and deductions. Both forms are instrumental in determining deductions from an employee's salary – in the case of the ESI for insurance and social security contributions, and for CA DE 35, tax withholdings. Despite their different purposes, each plays a crucial role in managing employee earnings and ensuring contributions to mandatory programs, highlighting their role in the broader constellation of employment-related documentation.

Dos and Don'ts

When completing the California DE 35 form, it’s important to follow specific guidelines to ensure accuracy and compliance. Here’s a list of dos and don’ts to consider:

  • Do review both the federal W-4 and state DE 4 forms to understand the requirements.
  • Do accurately report your marital status and the number of allowances you’re claiming, as these factors directly affect your withholding amounts.
  • Do consider consulting with a tax professional if you are claiming more than 10 withholding allowances or are exempt from withholding to ensure you meet the criteria.
  • Do provide supporting documentation if the Franchise Tax Board (FTB) requires proof to support your claims on the form.
  • Do keep a copy of the form and any correspondence with the FTB for your records.
  • Do promptly respond to any communications from the FTB regarding your DE 35 form to avoid penalties.
  • Do check for the most current form version to ensure you are using the latest guidelines and rates.
  • Don’t claim more allowances than you are entitled to; this can lead to underwithholding and a potential tax bill at the end of the year.
  • Don’t claim exemption from withholding without meeting the specific criteria; doing so inaccurately can result in penalties.
  • Don’t ignore FTB’s notices about your withholding allowances; failure to respond can lead to incorrect withholding and penalties.
  • Don’t forget to update your DE 35 form if your personal or financial situation changes, such as marriage, divorce, or a child's birth.
  • Don’T provide false information; this can lead to serious legal consequences, including fines.
  • Don’t hesitate to ask for a review if you disagree with the FTB’s determination on your withholding status.
  • Don’t disregard the potential $500 penalty for claiming an unreasonable number of allowances.

By adhering to these guidelines, employees can ensure they comply with California's tax withholding requirements and avoid unnecessary complications or penalties.

Misconceptions

There are several misconceptions regarding the CA DE35 form, which is crucial for both employers and employees to understand. Below are explanations to clarify these common misunderstandings:

  • Misconception 1: The CA DE35 form is only relevant for employers. The truth is, while employers are required to send this form to the Franchise Tax Board under certain conditions, the information it contains directly affects the employees' state tax obligations and potential penalties.
  • Misconception 2: Employees cannot challenge the Franchise Tax Board’s determination. In fact, employees have the right to request a review of the FTB's decision if they believe it is incorrect, by providing the necessary proof that their withholding status is justified for California Personal Income Tax (PIT) purposes.
  • Misconception 3: Once the form is submitted, the withholding allowances cannot be changed. The reality is that withholding amounts may be adjusted if the employee provides adequate documentation to the FTB, and the board notifies the employer in writing to alter the withholding based on new information.
  • Misconception 4: The CA DE35 form is a one-time requirement. This form may need to be resubmitted or its determinations challenged based on changes in an employee's financial or personal situation that affect their tax withholding allowances.
  • Misconception 5: Only the number of allowances can trigger an FTB review. Besides claiming more than 10 withholding allowances, claiming to be exempt from state or federal income tax withholding with weekly earnings expected to exceed $200 also requires employer submission of the form to the FTB.
  • Misconception 6: The employer decides the withholding amount based on the CA DE35. While the employer submits the form, it's the FTB that provides written notification on the proper status and number of allowances, which dictates the withholding amount, not the employer's discernment.
  • Misconception 7: There are no consequences for claiming unreasonable allowances. If the FTB finds the number of withholding allowances claimed to be unreasonable, the employee may face a $500 penalty under the California Unemployment Insurance Code.
  • Misconception 8: The form is only applicable to full-time employees. The CA DE35 form applies to all employees whose withholding status falls under the specified conditions, regardless of their full-time or part-time status.
  • Misconception 9: The form only concerns federal tax withholding. The CA DE35 form specifically relates to California Personal Income Tax (PIT) withholding, not just federal taxes, highlighting its importance for both employers and employees in understanding their state tax responsibilities.

Clearing up these misconceptions can help ensure that both employers and employees properly navigate the complexities of tax withholding obligations and penalties under California law.

Key takeaways

Understanding the CA DE35 form is crucial for both employers and employees in California. This form plays a key role in determining the Personal Income Tax (PIT) withholding. Below are six key takeaways regarding the use and implications of filling out the CA DE35 form:

  • Notification Requirement: Employers are mandated to send a copy of the Employee’s Withholding Allowance Certificate, either the federal Form W-4 or state DE 4, to the Franchise Tax Board (FTB) if the employee claims more than 10 withholding allowances, or claims exemption from state or federal income tax withholding and expects weekly wages to exceed $200.
  • Withholding Validity: The submitted Form W-4 and/or DE 4 will remain valid and be used for withholding purposes until the employer receives written notice from the FTB, which may indicate a change in the marital status and number of allowances suitable for California PIT withholding.
  • Dispute Resolution: If an employee disagrees with the FTB's determination on withholding, they have the right to request a review. To initiate a review, writing to the Franchise Tax Board's W-4 Unit and providing proof that the determination is incorrect is necessary.
  • Employer's Obligation: Employers must continue to withhold taxes in accordance with the initial FTB determination until officially informed, in writing, of any adjustments by the FTB.
  • Penalty for Unreasonable Claims: Employees claiming an unreasonable number of withholding allowances may face a $500 penalty, as outlined in Section 13101 of the California Unemployment Insurance Code.
  • Proof Requirement: To prove that an FTB determination is incorrect for withholding purposes, the employee must supply evidence substantiating their claim. This ensures that adjustments, if any, are made based on sound information.

It's imperative for both employers and employees in California to be aware of these guidelines related to the CA DE35 form to ensure compliance with state tax laws and to avoid potential penalties.

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