Skip to main content
Level 3
April 7, 2022
Question

At what rate is severance pay taxed by the IRS to the employee - the tax rate of the employee or the 22% withholding rate of the employer?

  • April 7, 2022
  • 3 replies
  • 23 views
I know the employer is only required to withhold at the 22% rate federally.  The taxpayer is in the highest tax bracket and stands to owe a lot in  
April.
This topic has been closed for replies.

3 replies

sjrcpa
Level 15
April 7, 2022

It's taxed the same as any other ordinary income. So for your client, looks like the highest bracket and the 22% withholding is not enough.

The more I know the more I don’t know.
IRonMaN
Level 15
April 7, 2022

Ask the employer to withhold extra or pay in an estimated tax payment right after he deposits the payroll check if that is a concern.

Slava Ukraini!
qbteachmt
Level 15
April 7, 2022

You asked "at what rate is severance taxed" and this is confusing Tax and withholding.

There are two Flat Rates for Withholding from "one time" or Bonus payouts. That has nothing to do with the taxpayer's entire life or their tax bracket. This is in Pub 15. There are three ways to compute it, though, depending on if it is combined with ordinary wages, paid on a separate check, etc. Mostly, people use the flat rates, since it is easier.

Up to $1m = 22%

Over that, jumps to 37%: "If a supplemental wage payment, together with other supplemental wage payments made to the employee during the calendar year, exceeds $1 million, the excess is subject to withholding at 37% (or the highest rate of income tax for the year). Withhold using the 37% rate without regard to the employee's Form W-4. In determining supplemental wages paid to the employee during the year, include payments from all businesses under common control."

https://www.irs.gov/publications/p15#en_US_2022_publink1000202353

This section is called Supplemental Wages.

Don't yell at us; we're volunteers
bethbrakeAuthor
Level 3
April 8, 2022

The severance occured in 2021 and the taxpayer was unaware that the ex employer was withholding on his wages at one rate and his severance at 22%.  He is underpaid by a substantial amount of money and he contacted his employer to understand what I just described.  The employer told him that a) 22% is what they are required to withhold b) led him to believe that by attaching his paystubs to the tax return his severance would only be taxed at 22% regardless of his tax bracket.  I cannot find anything in a Publication or elsewhere supporting the latter.

sjrcpa
Level 15
April 8, 2022

You won't. It is not correct.

The more I know the more I don’t know.