1 See References in Text note below.
 ) shall be entitled to only one withholding exemption.
Editorial Notes
References in Text

Paragraph (6) of section 3401(a), referred to in subsec. (f)(6), was struck out and a new paragraph (6) was added by Puspan. L. 89–809, title I, § 103(k), Nov. 13, 1966, 80 Stat. 1554.

The date of the enactment of this subsection, referred to in subsec. (l)(1), is the date of enactment of Puspan. L. 89–368, which was approved Mar. 15, 1966.

Section 1(c), referred to in subsecs. (p)(1)(B), (q)(1), and (r)(3), to be treated, for purposes of the rate of tax, as a reference to the corresponding rate bracket under section 1(j)(2)(C) of this title, with additional exception for reference in subsec. (q)(1), see section 1(j)(2)(F) of this title.

Section 451(d), referred to in subsec. (p)(1)(C)(ii), was redesignated section 451(f) by Puspan. L. 115–97, title I, § 13221(a), (span), Dec. 22, 2017, 131 Stat. 2113, 2115.

Section 63(c)(2)(C), referred to in subsec. (r)(2)(A), was redesignated section 63(c)(2)(D), and a new section 63(c)(2)(C) was added, by Puspan. L. 107–147, title IV, § 411(e)(1)(C), (D), Mar. 9, 2002, 116 Stat. 46.

Section 4 of the Indian Gaming Regulatory Act, referred to in subsec. (r)(4), is classified to section 2703 of Title 25, Indians.

The date of the enactment of this subsection, referred to in subsec. (r)(4), is the date of enactment of Puspan. L. 103–465, which was approved Dec. 8, 1994.

Amendments

2021—Subsec. (f)(1)(C). Puspan. L. 117–2 substituted “section 24 (determined after application of subsection (j) thereof)” for “section 24(a)”.

2017—Subsec. (a)(2). Puspan. L. 115–97, § 11041(c)(1), substituted “means the amount by which the wages exceed the taxpayer’s withholding allowance, prorated to the payroll period.” for “means the amount by which the wages exceed the number of withholding exemptions claimed multiplied by the amount of one such exemption. The amount of each withholding exemption shall be equal to the amount of one personal exemption provided in section 151(span), prorated to the payroll period. The maximum number of withholding exemptions permitted shall be calculated in accordance with regulations prescribed by the Secretary under this section, taking into account any reduction in withholding to which an employee is entitled under this section.”

Subsec. (span)(1), (2). Puspan. L. 115–97, § 11041(c)(2)(C), substituted “allowance” for “exemption” in two places.

Subsec. (f). Puspan. L. 115–97, § 11041(c)(2)(D), substituted “allowance” for “exemptions” in heading.

Subsec. (f)(1), (2). Puspan. L. 115–97, § 11041(c)(2)(B), amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) related to allowed withholding exemptions and withholding exemption certificates, respectively.

Subsec. (f)(3) to (5). Puspan. L. 115–97, § 11041(c)(2)(C), substituted “allowance” for “exemption” wherever appearing.

Subsec. (f)(7). Puspan. L. 115–97, § 11041(c)(2)(C), which directed substitution of “allowance” for “exemption” in heading, was executed by substituting “Allowance” for “Exemption” to reflect the probable intent of Congress.

Puspan. L. 115–97, § 11041(c)(2)(C), substituted “allowance” for “exemption” in two places.

Subsec. (g). Puspan. L. 115–97, § 11041(c)(2)(C), which directed amendment of par. (4) of subsec. (g) by substituting “allowance” for “exemption” wherever appearing, was executed to concluding provisions of subsec. (g) in two places to reflect the probable intent of Congress.

Subsec. (l)(1), (2). Puspan. L. 115–97, § 11041(c)(2)(C), substituted “allowance” for “exemption” wherever appearing.

Subsec. (m). Puspan. L. 115–97, § 11041(c)(2)(E), substituted “an additional withholding allowance or additional reductions in withholding under this subsection. In determining the additional withholding allowance” for “additional withholding allowances or additional reductions in withholding under this subsection. In determining the number of additional withholding allowances”.

Subsec. (m)(1). Puspan. L. 115–97, § 11051(span)(2)(B), struck out “(other than paragraph (10) thereof)” after “section 62(a)”.

Puspan. L. 115–97, § 11011(span)(4), inserted “and the estimated deduction allowed under section 199A” after “chapter 1”.

Subsec. (n). Puspan. L. 115–97, § 11041(c)(2)(C), substituted “allowance” for “exemption” in introductory provisions.

Subsec. (t). Puspan. L. 115–97, § 13603(span)(2), added subsec. (t).

2011—Subsec. (t). Puspan. L. 112–56 struck out subsec. (t) which related to extension of 3 percent withholding to certain payments made by Government entities for property or services.

2006—Subsec. (t). Puspan. L. 109–222 added subsec. (t).

2001—Subsec. (p)(1)(B). Puspan. L. 107–16, § 101(c)(6), substituted “7 percent, any percentage applicable to any of the 3 lowest income brackets in the table under section 1(c),” for “7, 15, 28, or 31 percent”.

Subsec. (p)(2). Puspan. L. 107–16, § 101(c)(7), substituted “10 percent” for “15 percent”.

Subsec. (q)(1). Puspan. L. 107–16, § 101(c)(8), substituted “equal to the product of the third lowest rate of tax applicable under section 1(c) and such payment” for “equal to 28 percent of such payment”.

Subsec. (r)(3). Puspan. L. 107–16, § 101(c)(9), substituted “the fourth lowest rate of tax applicable under section 1(c)” for “31 percent” in introductory provisions.

1994—Subsec. (p). Puspan. L. 103–465, § 702(a), reenacted heading without change and amended text of subsec. (p) generally. Prior to amendment, text read as follows: “The Secretary is authorized by regulations to provide for withholding—

“(1) from remuneration for services performed by an employee for his employer which (without regard to this subsection) does not constitute wages, and

“(2) from any other type of payment with respect to which the Secretary finds that withholding would be appropriate under the provisions of this chapter,

if the employer and the employee, or in the case of any other type of payment the person making and the person receiving the payment, agree to such withholding. Such agreement shall be made in such form and manner as the Secretary may by regulations provide. For purposes of this chapter (and so much of subtitle F as relates to this chapter) remuneration or other payments with respect to which such agreement is made shall be treated as if they were wages paid by an employer to an employee to the extent that such remuneration is paid or other payments are made during the period for which the agreement is in effect.”

Subsec. (r). Puspan. L. 103–465, § 701(a), added subsec. (r).

1992—Subsec. (o)(6). Puspan. L. 102–318 substituted “3405(e)(1)” for “3405(d)(1)”.

Subsec. (q)(1). Puspan. L. 102–486, § 1934(a), substituted “28 percent” for “20 percent”.

Subsec. (q)(3)(A), (C). Puspan. L. 102–486, § 1942(a), substituted “$5,000” for “$1,000”.

1990—Subsec. (a)(3). Puspan. L. 101–508 struck out par. (3) which read as follows: “Notwithstanding the provisions of this subsection, the Secretary shall modify the tables and procedures under paragraph (1) to reflect—

“(A) the amendments made by section 101(span) of the Economic Recovery Tax Act of 1981, and such modification shall take effect on October 1, 1981, as if such amendments made a 5-percent reduction effective on such date, and

“(B) the amendments made by section 101(a) of such Act, and such modifications shall take effect—

“(i) on July 1, 1982, as if the reductions in the rate of tax under section 1 (as amended by such section) were attributable to a 10-percent reduction effective on such date, and

“(ii) on July 1, 1983, as if such reductions were attributable to a 10-percent reduction effective on such date.”

1988—Subsec. (m)(1). Puspan. L. 100–647 substituted “section 62(a) (other than paragraph (10) thereof))” for “section 62) (other than paragraph (13) thereof)”.

1987—Subsec. (f)(3)(B). Puspan. L. 100–203 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “A withholding exemption certificate furnished the employer in cases in which a previous such certificate is in effect shall take effect with respect to the first payment of wages made on or after the first status determination date which occurs at least 30 days from the date on which such certificate is so furnished, except that at the election of the employer such certificate may be made effective with respect to any payment of wages made on or after the date on which such certificate is so furnished; but a certificate furnished pursuant to paragraph (2)(C) shall not take effect, and may not be made effective, with respect to any payment of wages made in the calendar year in which the certificate is furnished. For purposes of this subparagraph the term ‘status determination date’ means January 1, May 1, July 1, and October 1 of each year.”

1986—Subsec. (f)(1). Puspan. L. 99–514, § 104(span)(15)(F), substituted “standard deduction” for “zero bracket” and “subparagraph (E)” for “subparagraph (G)” in last sentence.

Subsec. (f)(1)(A). Puspan. L. 99–514, § 104(span)(15)(B), inserted “unless he is an individual described in section 151(d)(2)” after “himself”.

Subsec. (f)(1)(B). Puspan. L. 99–514, § 104(span)(15)(A), redesignated subpar. (D) as (B) and struck out former subpar. (B) which read as follows: “one additional exemption for himself if, on the basis of facts existing at the beginning of such day, there may reasonably be expected to be allowable an exemption under section 151(c)(1) (relating to old age) for the taxable year under subtitle A in respect of which amounts deducted and withheld under this chapter in the calendar year in which such day falls are allowed as a credit;”.

Puspan. L. 99–514, § 104(span)(15)(C), which directed that “subparagraph (A) or (D)” be substituted for “subparagraph (A), (B), (C), or (F)” was executed by making the substitution for “subparagraph (A), (B), or (C)”, as the probable intent of Congress.

Subsec. (f)(1)(C). Puspan. L. 99–514, § 104(span)(15)(A), (D), redesignated subpar. (E) as (C), substituted “section 151(c)” for “section 151(e)”, and struck out former subpar. (C) which read as follows: “one additional exemption for himself if, on the basis of facts existing at the beginning of such day, there may reasonably be expected to be allowable an exemption under section 151(d)(1) (relating to the blind) for the taxable year under subtitle A in respect of which amounts deducted and withheld under this chapter in the calendar year in which such day falls are allowed as a credit;”.

Subsec. (f)(1)(D). Puspan. L. 99–514, § 104(span)(15)(A), redesignated subpar. (F) as (D). Former subpar. (D) redesignated (B).

Subsec. (f)(1)(E). Puspan. L. 99–514, § 104(span)(15)(A), (E), redesignated subpar. (G) as (E) and substituted “standard deduction” for “zero bracket”. Former subpar. (E) redesignated (C).

Puspan. L. 99–514, § 1301(j)(8), substituted “section 7703” for “section 143”.

Subsec. (f)(1)(F), (G). Puspan. L. 99–514, § 104(span)(15)(A), redesignated subpars. (F) and (G) as (D) and (E), respectively.

Subsec. (i)(1). Puspan. L. 99–514, § 1581(span), struck out “or decreases” after “increases”.

Subsec. (m)(3). Puspan. L. 99–514, § 104(span)(15)(G), inserted “(including the additional standard deduction under section 63(c)(3) for the aged and blind)”.

Subsec. (r). Puspan. L. 99–514, § 1303(span)(4), struck out subsec. (r) which provided for extension of withholding to GSOC distributions.

1985—Subsec. (s). Puspan. L. 99–44 added subsec. (s).

1983—Subsec. (s). Puspan. L. 98–67 struck out subsec. (s) which related to extension of withholding to certain payments where identifying number was not furnished or was inaccurate. See section 3406 of this title.

1982—Subsec. (o)(6). Puspan. L. 97–248, § 334(d), added par. (6).

Subsec. (s). Puspan. L. 97–248, § 317(a), added subsec. (s).

1981—Subsec. (a). Puspan. L. 97–34, § 101(e)(1), revised subsec. (a) generally to provide for a 5-percent reduction in income tax withholding rates on Oct. 1, 1981, a further 10-percent reduction on July 1, 1982, and a final 10-percent reduction on July 1, 1983.

Subsec. (span)(1). Puspan. L. 97–34, § 101(e)(2)(A), redesignated par. (2) as (1). Former par. (1), which set out a table for determining amount of one withholding exemption for each of the various payroll periods, was struck out.

Subsec. (span)(2). Puspan. L. 97–34, § 101(e)(2)(A), redesignated par. (3) as (2). Former par. (2) redesignated (1).

Subsec. (span)(3). Puspan. L. 97–34, § 101(e)(2)(A), (B), redesignated par. (4) as (3) and substituted provisions relating to an employer’s computation of the tax to be deducted and withheld as if the aggregate of the wages paid to the employee during the calendar week were paid for a weekly payroll period, for provisions relating to an employer’s computation of the tax to be deducted and withheld using the excess of the aggregate of the wages paid to the employee during the calendar week over the withholding exemption allowed by this subsection for a weekly payroll period. Former par. (3) redesignated (2).

Subsec. (span)(4), (5). Puspan. L. 97–34, § 101(e)(2)(A), redesignated par. (5) as (4). Former par. (4) redesignated (3).

Subsec. (f)(1)(G). Puspan. L. 97–34, § 101(e)(3), inserted “(or more than one exemption if so prescribed by the Secretary)” after “an amount equal to one exemption”.

Subsec. (i). Puspan. L. 97–34, § 101(e)(4), substituted provisions authorizing the Secretary by regulations to provide for increases or decreases in the amount of withholding otherwise required under this section in cases where the employee requests the changes, for provisions under which the Secretary was authorized to provide withholding in addition to that otherwise required under this section in cases in which the employer and the employee agreed to such additional withholding.

Subsec. (m). Puspan. L. 97–34, § 101(e)(5), revised provisions respecting additional withholding allowances for anticipated excess itemized deductions and tax credits claimed in accordance with Treasury regulations and Treasury statutory authority to provide additional withholding allowances for any additional items specified in Treasury regulations.

1980—Subsec. (o)(1)(C). Puspan. L. 96–601, § 4(a), added subpar. (C).

Subsec. (o)(2)(B). Puspan. L. 96–601, § 4(d), struck out “, but only to the extent that the amount is includible in the gross income of such individual” after “pension or annuity”.

Subsec. (o)(2)(C). Puspan. L. 96–601, § 4(c), added subpar. (C).

Subsec. (o)(3). Puspan. L. 96–601, § 4(span), substituted provision authorizing amount to be withheld from annuity payments or sick pay for provision relating to request for withholding. See subsec. (o)(4) of this section.

Subsec. (o)(4), (5). Puspan. L. 96–601, § 4(span), added pars. (4) and (5).

1978—Subsec. (a). Puspan. L. 95–600, § 101(e)(1), substituted “With respect to wages paid after December 31, 1978, the tables so prescribed shall be the same as the tables prescribed under this subsection which were in effect on January 1, 1975, except that such tables shall be modified to the extent necessary to reflect the amendments made by sections 101 and 102 of the Tax Reduction and Simplification Act of 1977 and the amendments made by section 101 of the Revenue Act of 1978.” for “With respect to wages paid after May 31, 1977, and before January 1, 1979, the tables so prescribed shall be the same as the tables prescribed under this subsection which were in effect on January 1, 1976; except that such tables shall be modified to the extent necessary so that, had they been in effect for all of 1977, they would reflect the full year effect of the amendments made by sections 101 and 102 of the Tax Reduction and Simplification Act of 1977. With respect to wages paid after December 31, 1978, the tables so prescribed shall be the same as the tables prescribed under this subsection which were in effect on January 1, 1975, except that such tables shall be modified to the extent necessary to reflect the amendments made by sections 101 and 102 of the Tax Reduction and Simplification Act of 1977.”.

Subsec. (span)(1). Puspan. L. 95–600, § 102(c)(1), increased the amounts set out in the table for one withholding exemption for each of the payroll period categories from $14.40, $28.80, $31.30, $62.50, $187.50, $375.00, $750.00 and $2.10 to $19.23, $38.46, $41.66, $83.33, $250.00, $500.00, $1,000.00 and $2.74, respectively.

Subsec. (m)(1). Puspan. L. 95–600, §§ 101(e)(2), 102(c)(2), substituted “$1,000” for “$750”, “$3,400” for “$3,200” and “$2,300” for “$2,200”.

Subsec. (r). Puspan. L. 95–600, § 601(span)(2), added subsec. (r).

1977—Subsec. (a). Puspan. L. 95–30, § 105(a), substituted “With respect to wages paid after May 31, 1977, and before January 1, 1979, the tables so prescribed shall be the same as the tables prescribed under this subsection which were in effect on January 1, 1976; except that such tables shall be modified to the extent necessary so that, had they been in effect for all of 1977, they would reflect the full year effect of the amendments made by sections 101 and 102 of the Tax Reduction and Simplification Act of 1977. With respect to wages paid after December 31, 1978, the tables so prescribed shall be the same as the tables prescribed under this subsection which were in effect on January 1, 1975, except that such tables shall be modified to the extent necessary to reflect the amendments made by sections 101 and 102 of the Tax Reduction and Simplification Act of 1977” for “With respect to wages paid prior to January 1, 1978, the tables so prescribed shall be the same as the tables prescribed under this section which were in effect on January 1, 1976. With respect to wages paid after December 31, 1977, the Secretary shall prescribe new tables which shall be the same as the tables prescribed under this subsection which were in effect on January 1, 1975, except that such tables shall be modified to the extent necessary to reflect the amendments made to subsections (span) and (c) of section 141 by the Tax Reform Act of 1976”.

Subsec. (f)(1). Puspan. L. 95–30, § 105(span)(1), substituted “zero bracket” for “standard deduction” in subpar. (G) and in provisions following subpar. (G).

Subsec. (m)(1)(B). Puspan. L. 95–30, § 105(span)(2), substituted “an amount equal to $3,200 ($2,200” for “an amount equal to the lesser of (i) 16 percent of his estimated wages, or (ii) $2,800 ($2,400”.

Subsec. (m)(2)(A). Puspan. L. 95–30, § 105(span)(3)(A), (B), substituted “section 151” for “sections 141 and 151” and “(or the zero bracket amount (within the meaning of section 63(d)))” for “(or the amount of the standard deduction)”.

Subsec. (m)(2)(C). Puspan. L. 95–30, § 105(span)(3)(C), substituted “(or the zero bracket amount)” for “(or the standard deduction)”.

Subsec. (q)(3)(C). Puspan. L. 95–30, § 405(a), inserted reference to certain parimutuel pools and jai alai in heading and, in text, designated existing provisions as cl. (i) and added cl. (ii).

1976—Subsec. (a). Puspan. L. 94–455, §§ 401(d)(1), 1906 (span)(13)(A), struck out “or his delegate” after “Secretary”, inserted “With respect to wages paid prior to January 1, 1978” after “by the Secretary”, as amended, and substituted “prescribed under this section which were” for “contained in this subsection as” after “same as the tables”, “1976” for “1975” after “January 1”, and “With respect to wages paid after December 31, 1977, the Secretary shall prescribe new tables which shall be the same as the tables prescribed under this subsection which were in effect on January 1, 1975, except that such tables shall be modified to the extent necessary to reflect the amendments made to subsections (span) and (c) of section 141 by the Tax Reform Act of 1976” for “except that the amounts set forth as amounts of income tax to be withheld with respect to wages paid after April 30, 1975, and before January 1, 1976, shall reflect the full calendar year effect for 1975 of the amendments made by sections 201, 202, 203, and 204 of the Tax Reduction Act of 1975” after “effect on January 1, 1976”, as amended.

Puspan. L. 94–414 substituted “October 1, 1976” for “September 15, 1976”.

Puspan. L. 94–396 substituted “September 15, 1976” for “September 1, 1976”.

Puspan. L. 94–331 substituted “September 1, 1976” for “July 1, 1976”.

Subsec. (c)(4). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

Subsec. (c)(6). Puspan. L. 94–455, §§ 401(d)(2), 1906(span)(13)(A), substituted “the table for an annual payroll period prescribed pursuant to subsection (a)” for “table 7 contained in subsection (a)” after “basis of the”, as subsec. (c)(6) was in effect on the day before the date of enactment of the Tax Reduction Act of 1975, Puspan. L. 94–12, which was approved on Mar. 29, 1975, and struck out “or his delegate” after “Secretary”.

Subsecs. (f), (h), (i), (j). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

Subsec. (l). Puspan. L. 94–455, § 1903(a)(17), substituted “section 2(a)” for “section 2(span)” after “as defined in”.

Subsec. (m)(1)(B). Puspan. L. 94–455, § 401(d)(3), reenacted subpar. (B) without change.

Subsec. (m)(2)(A). Puspan. L. 94–455, § 502(span), inserted “(other than paragraph (13) thereof)” after “under section 62”.

Subsec. (m)(2)(D), (3)(B). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

Subsec. (m)(4). Puspan. L. 94–455, § 504(c)(3), added subpar. (C). § 1906(span)(13)(A) struck out “or his delegate” after “Secretary”.

Subsecs. (n), (p). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.

Subsec. (q). Puspan. L. 94–455, § 1207(d), added subsec. (q).

1975—Subsec. (a). Puspan. L. 94–164, § 5(a)(1), inserted provision that the tables prescribed with respect to wages paid after Dec. 31, 1975, and before July 1, 1976, shall be the same as the tables prescribed under this subsection which were in effect on Dec. 10, 1975.

Puspan. L. 94–12, § 205(a), substituted provisions directing the Secretary to prescribe new withholding tables setting changed withholding rates for wages paid during the period May 1, 1975, to Dec. 31, 1975, so as to reflect the full calendar year effect for 1975 of the amendments to the minimum standard deduction, the percentage standard deduction, the earned income credit, and the additional tax credit by sections 201, 202, 203, and 204 of the Tax Reduction Act of 1975, Puspan. L. 94–12, for provisions setting out 8 tables to be followed by employers in withholding taxes on wages paid.

Subsec. (c)(6). Puspan. L. 94–12, § 205(span), substituted “the table for an annual payroll period prescribed pursuant to subsection (a)” for “table 7 contained in subsection (a)”. See 1976 Amendment note set out above.

Subsec. (m)(1)(B). Puspan. L. 94–164, § 2(span)(2), substituted “$2,800” and “$2,400” for “$2,600” and “$2,300” respectively in cl. (ii).

Puspan. L. 94–12, § 202(span), substituted “the lesser of (i) 16 percent of his estimated wages, or (ii) $2,600 ($2,300 in the case of an individual who is not married (within the meaning of section 143) and who is not a surviving spouse (as defined in section 2(a)))” for “the lesser of (i) $2,000 or (ii) 15 percent of his estimated wages”.

1971—Subsec. (a). Puspan. L. 92–178, § 208(a), substituted new sets of tables 1 to 8 applicable (under § 208(i)(1)) with respect to wages paid after Jan. 15, 1972, for the tables applicable in the case of wages paid as provided in former: par. (1) after Dec. 31, 1969, and before July 1, 1970; par. (2) after June 30, 1970, and before Jan. 1, 1971; par. (3) after Dec. 31, 1970, and before Jan. 1, 1972; par. (4) after Dec. 31, 1971, and before Jan. 1, 1973; and par. (5) after Dec. 31, 1972. Puspan. L. 92–178, § 208(h)(1), made provisions of par. (3) applicable (under section 208(i)(2)) with respect to wages paid after Dec. 31, 1971, and before Jan. 16, 1972.

Subsec. (span)(1). Puspan. L. 92–178, § 208(span)(1), revised withholding rates upwards, substituting 14.40; 28.80; 31.30; 62.50; 187.50; 375.00; 750.00; and 2.10 for 12.50; 25.00 27.10; 54.20; 162.50; 325.00; 650.00; and 1.80, respectively, to be effective with respect to wages paid after Jan. 15, 1972. Puspan. L. 92–178, § 208(h)(2), in amending Puspan. L. 91–172, § 805(span)(1), extended application of such former withholding rates to wages paid after June 30, 1970, and before Jan. 16, 1972, previously applicable to wages paid before Jan. 1, 1972.

Subsec. (c)(6). Puspan. L. 92–178, § 208(g), substituted “table 7 contained in subsection (a)” for “table 7 contained in paragraph (1), (2), (3), (4), or (5) (whichever is applicable) of subsection (a)”.

Subsec. (f)(1)(G). Puspan. L. 92–178, § 208(c), added subpar. (G).

Subsec. (f)(7). Puspan. L. 92–178, § 208(d), added par. (7).

Subsec. (m)(1)(B). Puspan. L. 92–178, § 208(e), substituted “an amount equal to the lesser of (i) $2,000 or (ii) 15 percent of his estimated wages” for “an amount equal to 15 percent of his estimated wages”.

Subsec. (m)(2)(A). Puspan. L. 92–178, § 208(f)(1), inserted “or (if such a return has not been filed for such preceding taxable year at the time the withholding exemption certificate is furnished the employer) the second taxable year preceding the estimation year” after “for the taxable year preceding the estimation year”.

Subsec. (m)(2)(D). Puspan. L. 92–178, § 208(f)(2), substituted as definition of “estimation year” the calendar year in which the wages are paid for prior provision defining term as meaning “(i) with respect to payments of wages after April 30 and on or before December 31 of any calendar year, such calendar year, and (ii) with respect to payments of wages on or after January 1 and before May 1 of any calendar year, the preceding calendar year (except that with respect to an exemption certificate furnished by an employee after he has filed his return for the preceding calendar year, such term means the current calendar year).”

Subsec. (m)(3)(B) to (E). Puspan. L. 92–178, § 208(f)(3), struck out subpars. (B) and (C) providing that only one certificate be in effect and for termination of effectiveness of certificate and redesignated subpars. (D) and (E) as (B) and (C), respectively.

1969—Subsec. (a)(1). Puspan. L. 91–172, § 805(a), (span)(2), substituted new sets of tables 1 to 8 for application to wages paid after Dec. 31, 1969, and before July 1, 1970, and after June 30, 1970, and before January 1, 1972, for the tables applicable to wages paid before July 13, 1968, and after Dec. 31, 1969.

Puspan. L. 91–53, § 6(a)(1), substituted “December 31, 1969” for “July 31, 1969”.

Puspan. L. 91–36, § 2(a)(1), substituted “July 31, 1969” for “June 30, 1969”.

Subsec. (a)(2). Puspan. L. 91–172, § 805(a), substituted a set of tables 1 to 8 for application to wages paid after June 30, 1970, and before Jan. 1, 1971, for the tables applicable to wages paid after June 30, 1970, and before Jan. 1, 1970.

Puspan. L. 91–53, § 6(a)(2), substituted “January 1, 1970” for “August 1, 1969”.

Puspan. L. 91–36, § 2(a)(2), substituted “August 1, 1969” for “July 1, 1969”.

Subsec. (a)(3) to (5). Puspan. L. 91–172, § 805(a), added sets of tables applicable, respectively, to wages paid after Dec. 31, 1970, and before Jan. 1, 1972, after Dec. 31, 1971, and before Jan. 1, 1973, and after Dec. 31, 1972.

Subsec. (span)(1). Puspan. L. 91–172, § 805(span)(1)–(4), revised withholding rates effective with respect to wages paid after Dec. 31, 1969, and before July 1, 1970, for the period after June 30, 1970, and before Jan. 1, 1972, during 1972, and after 1972.

Subsec. (c)(1). Puspan. L. 91–172, § 805(c)(1), substituted provisions authorizing employer to deduct and withhold tax determinable according to tables prescribed by the Secretary or his delegate for provisions under which the employer was authorized to deduct and withhold tax only according to tables set out.

Subsec. (c)(6). Puspan. L. 91–172, § 805(c)(2), substituted provisions for determination of amount deductible according to tables prescribed by the Secretary or his delegate and for computation of wages and amounts of income tax after Dec. 31, 1969, for provisions for determination of such wages and amounts of income tax after July 13, 1968, and before Jan. 1, 1970.

Puspan. L. 91–53, § 6(a)(3), substituted “January 1, 1970” for “August 1, 1969”.

Puspan. L. 91–36, § 2(a)(3), substituted “August 1, 1969” for “July 1, 1969”.

Subsec. (h). Puspan. L. 91–172, § 805(d), redesignated existing pars. (1) to (3) as subpars. (A) to (C) of par. (1), and added pars. (2) to (4).

Subsec. (m)(1). Puspan. L. 91–172, § 805(e)(2), substituted $750 for $700 in the material preceding subpar. (A) and in subpar. (B) substituted 15 per cent for 10 per cent of the first $7,500 and 17 per cent of remainder of the estimated wages.

Subsec. (m)(2)(A). Puspan. L. 91–172, § 805(e)(2), inserted amount of standard deduction as an alternative limit in cl. (i), and substituted the determinable additional deductions for provisions referring to an employee who did not show such deductions on his return.

Subsec. (m)(2)(B). Puspan. L. 91–172, § 805(e)(2), struck out limit on aggregate amount.

Subsec. (m)(2)(C), (D). Puspan. L. 91–172, § 805(e)(1), (2), added subpar. (C). Former subpar. (C) redesignated (D)

Subsec. (n). Puspan. L. 91–172, § 805(f)(1), added subsec. (n).

Subsecs. (o), (p). Puspan. L. 91–172, § 805(g), added subsecs. (o) and (p).

1968—Subsec. (a). Puspan. L. 90–364, § 102(c)(1), designated existing Tables 1 to 8 as constituting par. (1), inserted provisions preceding existing Table 1–8 so as to limit their application to the case of wages paid on or before the 15th day after the date of the enactment of the Revenue and Expenditure Control Act of 1968 or after June 30, 1969, and added par. (2).

Subsec. (c)(6). Puspan. L. 90–364, § 102(c)(2), added par. (6).

1966—Subsec. (a). Puspan. L. 89–368, § 101(a), struck out reference to subsections (j) and (k) and substituted provisions establishing separate tables for single persons and for married persons in each of eight payroll period categories each containing six graduated withholding rates ranging from 14 to 30 percent for provisions placing the rate at a fixed 14 percent.

Subsec. (span)(1). Puspan. L. 89–368, § 101(span), increased amounts set out for one withholding exemption for each of the payroll period categories from “$13.00”, “$26.00”, “$28.00”, “$56.00”, “$167.00”, “$333.00”, “$667.00”, and “$1.80” to “$13.50”, “$26.90”, “$29.20”, “$58.30”, “$175.00”, “$350.00”, “$700.00”, and “$1.90” respectively.

Subsec. (c)(1). Puspan. L. 89–368, § 101(c), replaced existing tables with separate tables for employees who are married and for employees who are not married covering weekly, biweekly, semimonthly, monthly, and daily or miscellaneous pay periods and reflecting increased and graduated withholding rates.

Subsec. (f)(1)(F), (3)(B). Puspan. L. 89–368, § 101(e)(1), (3), added par. (1)(F) and, in par. (3)(B), changed definition of “status determination date” from January 1 and July 1 of each year to January 1, May 1, July 1, and October 1 of each year.

Subsec. (l). Puspan. L. 89–368, § 101(d), added subsec. (l).

Subsec. (m). Puspan. L. 89–368, § 101(e)(2), added subsec. (m).

1965—Subsec. (a). Puspan. L. 89–97, § 313(d)(3), substituted “subsections (j) and (k)” for “subsection (j)”.

Subsec. (h)(3). Puspan. L. 89–97, § 313(d)(4), inserted “(and, in the case of tips referred to in subsection (k), within 30 days thereafter)” after “quarter” first place it appears.

Subsec. (k). Puspan. L. 89–212 inserted “or section 3202 (c)(2)” and “or section 3202(a)”.

Puspan. L. 89–97, § 313(d)(5), added subsec. (k).

1964—Subsec. (a). Puspan. L. 88–272, § 302(a), reduced tax from 18% to 14%.

Subsec. (c)(1). Puspan. L. 88–272, § 302(span), substituted new tables reflecting lowered withholding rates.

1961—Subsec. (f)(6). Puspan. L. 87–256 added par. (6).

1955—Subsec. (a). Act Aug. 9, 1955, § 2(a), inserted “(except as provided in subsection (j))” after “upon such wages”.

Subsec. (j). Act Aug. 9, 1955, § 2(span), added subsec. (j).

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–2 applicable to taxable years beginning after Dec. 31, 2020, see section 9611(c)(1) of Puspan. L. 117–2, set out as a note under section 24 of this title.

Effective Date of 2017 Amendment

Amendment by section 11011(span)(4) of Puspan. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11011(e) of Puspan. L. 115–97, set out as a note under section 62 of this title.

Amendment by section 11041(c)(1), (2)(B)–(E) of Puspan. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, with allowance for Secretary of the Treasury to administer this section for taxable years beginning before Jan. 1, 2019, without regard to the amendments made by subsecs. (a) and (c) of Puspan. L. 115–97, see section 11041(f) of Puspan. L. 115–97, set out as a note under section 151 of this title.

Amendment by section 11051(span)(2)(B) of Puspan. L. 115–97 applicable to any divorce or separation instrument (as defined in former section 71(span)(2) of this title as in effect before Dec. 22, 2017) executed after Dec. 31, 2018, and to such instruments executed on or before Dec. 31, 2018, and modified after Dec. 31, 2018, if the modification expressly provides that the amendment made by section 11051 of Puspan. L. 115–97 applies to such modification, see section 11051(c) of Puspan. L. 115–97, set out as a note under section 61 of this title.

Amendment by section 13603(span)(2) of Puspan. L. 115–97 applicable to stock attributable to options exercised, or restricted stock units settled, after Dec. 31, 2017, see section 13603(f)(1) of Puspan. L. 115–97, set out as a note under section 83 of this title.

Effective Date of 2011 Amendment

Puspan. L. 112–56, title I, § 102(span), Nov. 21, 2011, 125 Stat. 712, provided that: “The amendment made by this section [amending this section] shall apply to payments made after December 31, 2011.”

Effective Date of 2006 Amendment

Puspan. L. 109–222, title V, § 511(span), May 17, 2006, 120 Stat. 365, as amended by Puspan. L. 111–5, div. B, title I, § 1511, Fespan. 17, 2009, 123 Stat. 355, provided that: “The amendment made by this section [amending this section] shall apply to payments made after December 31, 2011.”

Effective Date of 2001 Amendment

Amendment by Puspan. L. 107–16 applicable to amounts paid after the 60th day after June 7, 2001, and references to income brackets and rates of tax in such amendment to be applied without regard to section 1(i)(1)(D) of this title, see section 101(d)(2) of Puspan. L. 107–16, set out as an Effective and Termination Dates of 2001 Amendment note under section 1 of this title.

Effective Date of 1994 Amendment

Puspan. L. 103–465, title VII, § 701(span), Dec. 8, 1994, 108 Stat. 4996, provided that: “The amendment made by this section [amending this section] shall apply to payments made after December 31, 1994.”

Amendment by section 702(a) of Puspan. L. 103–465 applicable to payments made after Dec. 31, 1996, see section 702(d) of Puspan. L. 103–465, set out as a note under section 3304 of this title.

Effective Date of 1992 Amendments

Puspan. L. 102–486, title XIX, § 1934(span), Oct. 24, 1992, 106 Stat. 3032, provided that: “The amendment made by this section [amending this section] applies to payments received after December 31, 1992.”

Puspan. L. 102–486, title XIX, § 1942(span), Oct. 24, 1992, 106 Stat. 3036, provided that: “The amendments made by subsection (a) [amending this section] shall apply to payments of winnings after December 31, 1992.”

Amendment by Puspan. L. 102–318 applicable, except as otherwise provided, to distributions after Dec. 31, 1992, see section 522(d) of Puspan. L. 102–318, set out as a note under section 401 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 1019(a) of Puspan. L. 100–647, set out as a note under section 1 of this title.

Effective Date of 1987 Amendment

Puspan. L. 100–203, title X, § 10302(span), Dec. 22, 1987, 101 Stat. 1330–429, provided that: “The amendment made by subsection (a) [amending this section] shall apply to certificates furnished after the day 30 days after the date of the enactment of this Act [Dec. 22, 1987].”

Effective Date of 1986 Amendment

Amendment by section 104(span)(15) of Puspan. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of Puspan. L. 99–514, set out as a note under section 1 of this title.

Amendment by section 1301(j)(8) of Puspan. L. 99–514 applicable to bonds issued after Aug. 15, 1986, except as otherwise provided, see sections 1311 to 1318 of Puspan. L. 99–514, set out as an Effective Date; Transitional Rules note under section 141 of this title.

Amendment by section 1303(span)(4) of Puspan. L. 99–514 effective Oct. 22, 1986, see section 1311(f) of Puspan. L. 99–514, as amended, set out as an Effective Date; Transitional Rules note under section 141 of this title.

Effective Date of 1985 Amendment

Puspan. L. 99–44, § 6(d), May 24, 1985, 99 Stat. 79, provided that: “The amendment made by section 3 [amending this section] shall take effect on January 1, 1985.”

Effective Date of 1983 Amendment

Amendment by Puspan. L. 98–67 applicable with respect to payments made after Dec. 31, 1983, see section 110(a) of Puspan. L. 98–67, set out as a note under section 31 of this title.

Effective Date of 1982 Amendment

Puspan. L. 97–248, title III, § 317(span), Sept. 3, 1982, 96 Stat. 610, provided that: “The amendments made by subsection (a) [amending this section] shall apply to payments made after December 31, 1983.”

Amendment by section 334(d) of Puspan. L. 97–248 applicable to payments or other distributions made after Dec. 31, 1982, see section 334(e) of Puspan. L. 97–248, set out as an Effective Date note under section 3405 of this title.

Effective Date of 1981 Amendment

Puspan. L. 97–34, title I, § 101(f)(2), Aug. 13, 1981, 95 Stat. 185, provided that: “The amendments made by subsection (e) [amending this section] shall apply to remuneration paid after September 30, 1981; except that the amendment made by subsection (e)(5) [amending this section] shall apply to remuneration paid after December 31, 1981.”

Effective Date of 1980 Amendment

Puspan. L. 96–601, § 4(f), Dec. 24, 1980, 94 Stat. 3498, provided that: “The amendments made by this section [amending this section and section 6051 of this title] shall apply to payments made on or after the first day of the first calendar month beginning more than 120 days after the date of the enactment of this Act [Dec. 24, 1980].”

Effective Date of 1978 Amendment

Puspan. L. 95–600, title I, § 101(f)(2), Nov. 6, 1978, 92 Stat. 2771, provided that: “The amendments made by subsection (e) [amending this section] shall apply to remuneration paid after December 31, 1978.”

Puspan. L. 95–600, title I, § 102(d)(2), Nov. 6, 1978, 92 Stat. 2771, provided that: “The amendments made by subsection (c) [amending this section] shall apply with respect to remuneration paid after December 31, 1978.”

Amendment by section 601(span)(2) of Puspan. L. 95–600 applicable with respect to corporations chartered after Dec. 31, 1978, and before Jan. 1, 1984, see section 601(d) of Puspan. L. 95–600, set out as a note under section 172 of this title.

Effective Date of 1977 Amendment

Puspan. L. 95–30, title I, § 106(span), May 23, 1977, 91 Stat. 141, provided that: “The amendments made by section 105 [amending this section] shall apply to wages paid after April 30, 1977.”

Puspan. L. 95–30, title IV, § 405(span), May 23, 1977, 91 Stat. 156, provided that: “The amendments made by this section [amending this section] apply to payments made after April 30, 1977.”

Effective Date of 1976 Amendment

Amendment by section 401(d) of Puspan. L. 94–455 applicable to wages paid after Sept. 14, 1976, see section 401(e) of Puspan. L. 94–455, set out as a note under section 32 of this title.

Puspan. L. 94–455, title XII, § 1207(f)(3), Oct. 4, 1976, 90 Stat. 1708, provided that: “The amendments made by subsection (d) [amending this section] shall apply to payments of winnings made after the 90th day after the date of the enactment of this Act [Oct. 4, 1976].”

Effective and Termination Dates of 1975 Amendments

Amendment by section 2(span)(2) of Puspan. L. 94–164 applicable to taxable years ending after Dec. 31, 1975 and before Jan. 1, 1977, see section 2(g) of Puspan. L. 94–164, set out as an Effective Date of 1975 Amendment note under section 32 of this title.

Puspan. L. 94–12, title II, § 209(c), Mar. 29, 1975, 89 Stat. 35, as amended by Puspan. L. 94–164, § 5(a)(2); Puspan. L. 94–331, § 3(a)(2); Puspan. L. 94–396, § 2(span); Puspan. L. 94–414, § 3(a)(2), provided that: “The amendments made by sections 202(span) and 205 [amending this section] shall apply to wages paid after April 30, 1975, and before October 1, 1976.”

Effective Date of 1971 Amendment

Puspan. L. 92–178, title II, § 208(i), Dec. 10, 1971, 85 Stat. 517, provided that:

“(1) The amendments made by this section [amending this section] (other than subsection (h)) shall apply with respect to wages paid after January 15, 1972.
“(2) The amendments made by subsection (h) [amending this section] shall apply with respect to wages paid after December 31, 1971, and before January 16, 1972.”

Effective Date of 1969 Amendments

Puspan. L. 91–172, title VIII, § 805(h), Dec. 30, 1969, 83 Stat. 709, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

“(1) The amendments made by subsections (a), (span), (c), (d), and (e) [amending this section] shall apply with respect to remuneration paid after December 31, 1969.
“(2) The amendment made by subsection (f) [amending this section and section 6051 of this title] applies to wages paid after April 30, 1970.
“(3) Subsection (o) of section 3402 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], added by subsection (g) of this subsection, shall apply to payments made after December 31, 1970. Subsection (p) of such section 3402, added by subsection (g) of this section, shall apply to payments made after June 30, 1970.”

Puspan. L. 91–53, § 6(span), Aug. 7, 1969, 83 Stat. 96, provided that: “The amendments made by this section [amending this section] shall apply with respect to wages paid after July 31, 1969, and before January 1, 1970.”

Puspan. L. 91–36, § 2(span), June 30, 1969, 83 Stat. 42, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to wages paid after June 30, 1969.”

Effective Date of 1966 Amendment

Puspan. L. 89–368, title I, § 101(e)(6), Mar. 15, 1966, 80 Stat. 62, provided that: “The amendments made by paragraphs (1) and (2) of this subsection [amending this section] shall apply only with respect to remuneration paid after December 31, 1966, but only with respect to withholding exemptions based on estimation years beginning after such date.”

Puspan. L. 89–368, title I, § 101(g), Mar. 15, 1966, 80 Stat. 62, provided that: “The amendments made by this section (other than subsection (e) [amending this section]) shall apply only with respect to remuneration paid after April 30, 1966.”

Effective Date of 1965 Amendments

Amendment by Puspan. L. 89–212 effective only with respect to tips received after 1965, see section 6 of Puspan. L. 89–212, set out as a note under section 3201 of this title.

Amendment by Puspan. L. 89–97 applicable only with respect to tips received by employees after 1965, see section 313(f) of Puspan. L. 89–97, set out as an Effective Date note under section 6053 of this title.

Effective Date of 1964 Amendment

Puspan. L. 88–272, title III, § 302(d), Fespan. 26, 1964, 78 Stat. 146, provided that: “The amendments made by subsections (a) and (span) of this section [amending this section] shall apply with respect to remuneration paid after the seventh day following the date of the enactment of this Act [Fespan. 26, 1964]. The amendment made by subsection (c) of this section [amending section 1441 of this title] shall apply with respect to payments made after the seventh day following the date of the enactment of this Act.”

Effective Date of 1961 Amendment

Amendment by Puspan. L. 87–256 applicable with respect to wages paid after Dec. 31, 1961, see section 110(h)(4) of Puspan. L. 87–256, set out as a note under section 3401 of this title.

Effective Date of 1955 Amendment

Act Aug. 9, 1955, ch. 666, § 3, 69 Stat. 605, provided that: “The amendment made by section 2 [amending this section] shall be applicable only with respect to remuneration paid after the date of enactment of this Act [Aug. 9, 1955].”

Savings Provision

For provisions that nothing in amendment by Puspan. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(span) of Puspan. L. 101–508, set out as a note under section 45K of this title.

Plan Amendments Not Required Until January 1, 1994

For provisions directing that if any amendments made by subtitle B [§§ 521–523] of title V of Puspan. L. 102–318 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1994, see section 523 of Puspan. L. 102–318, set out as a note under section 401 of this title.

Withholding Allowances To Reflect New Rate Schedules

Puspan. L. 99–514, title XV, § 1581(a), Oct. 22, 1986, 100 Stat. 2765, provided that: “The Secretary of the Treasury or his delegate shall modify the withholding schedules and withholding exemption certificates under section 3402 of the Internal Revenue Code of 1954 [now 1986] to better approximate actual tax liability under the amendments made by this Act [see Tables for classification].”

Employer’s Responsibility Upon Failure of Employee To File Revised Withholding Allowance Certificate Before Oct. 1, 1987

Puspan. L. 99–514, title XV, § 1581(c), Oct. 22, 1986, 100 Stat. 2766, as amended by Puspan. L. 100–647, title I, § 1015(p), Nov. 10, 1988, 102 Stat. 3572, provided that:

“If an employee has not filed a revised withholding allowance certificate before October 1, 1987, the employer shall withhold income taxes from the employee’s wages—
“(1) as if the employee claimed 1 withholding allowance, if the employee checked the ‘single’ box on the employee’s previous withholding allowance certificate, or
“(2) as if the employee claimed 2 withholding allowances, if the employee checked the ‘married’ box on the employee’s previous withholding allowance certificate.
The preceding sentence shall not apply if its application would result in an increase in the number of withholding allowances for the employee.”

Failure To Deduct and Withhold Under a Duty Created or Increased by Tax Reform Act of 1976

Puspan. L. 95–30, title III, § 304, May 23, 1977, 91 Stat. 152, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “No person shall be liable in respect of any failure to deduct and withhold under section 3402 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to income tax collected at source) on remuneration paid before January 1, 1977, to the extent that the duty to deduct and withhold was created or increased by any provision of the Tax Reform Act of 1976 [Puspan. L. 94–455].”

Wages Paid During 1972 and After 1972

Puspan. L. 91–172, title VIII, § 805(span)(3), (4), Dec. 30, 1969, 83 Stat. 704, which provided for section 3402(span)(1) withholding rates of 13.50; 26.90; 29.20; 58.30; 175.00; 350.00; 700.00; and 1.90, effective with respect to wages during 1972, and withholding rates of 14.40; 28.80; 31.30; 62.50; 187.50; 375.00; 750.00; and 2.10, effective with respect to wages paid after 1972, was repealed by Puspan. L. 92–178, title II, § 208(span)(2), Dec. 10, 1971, 85 Stat. 516.

Transitional Determination Status Date

Puspan. L. 89–368, title I, § 101(f), Mar. 15, 1966, 80 Stat. 62, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “Notwithstanding section 3402(f)(3)(B) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], a withholding exemption certificate furnished the employer after the date of the enactment of this Act [Mar. 15, 1966] and before May 1, 1966, shall take effect with respect to the first payment of wages made on or after May 1, 1966, or the 10th day after the date on which such certificate is furnished to the employer, whichever is later, and at the election of the employer such certificate may be made effective with respect to any payment of wages made on or after the date on which such certificate is furnished.”

Meaning of Terms

Act Aug. 9, 1955, ch. 666, § 1, 69 Stat. 605, provided that: “The terms used in this Act [amending subsecs. (a) and (j) of this section] shall have the same meaning as when used in the Internal Revenue Code.”