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Yes, if buznitz claims more than 10 exemptions, the employer must file the W-4 with the IRS. I hadn't thought about this when I replied. BUT, if the W-4 needs more than 10 exemptions to get to the desired withholding tax level, I would give a statement to the employer, which can be forwarded to the IRS, stating that I believed I was preparing my W-4 with the expectation of falling under the "safe harbor" provisions for tax payments.

Personally, I don't believe that this creates a fraudulent W-4, but I will admit that one could argue that it does.

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