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US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402)

United States (federal)
v26 U.S.C. 3402 as published in the United States Code 2024 Edition (GPO govinfo, fetched 2026-10-13); 26 CFR 31.3402 extracts (GPO annual CFR prints 2002 to 2023) and IRS Publication 15 for use in 2026 held
3 domains
16 controls

Section 3402 of the Internal Revenue Code, the source of every United States employer's duty to withhold federal income tax from wages: the requirement to withhold under the Treasury's tables, the percentage and wage bracket methods and the alternative methods, the half-period rule for mixed wages, the withholding allowance certificate (Form W-4) with its furnishing, ten-day change, thirty-day effect and lock-in mechanics, marital status, additional allowances for deductions and credits, the exempt-employee certificate, withholding on tips and on non-cash commissions, annuities and sick pay on request, voluntary withholding on federal payments and unemployment compensation, gambling winnings and tribal casino distributions, and the vehicle fringe benefit election.

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US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) is a compliance framework from United States (federal) with 3 domains and 16 controls. The largest domains are Section 3402(a) to (e), (g), (h), (i): the requirement to withhold, the percentage and wage bracket methods, excluded wages, overlapping periods and alternative methods – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) (6 controls), Section 3402(f), (l), (m), (n): the withholding allowance certificate (Form W-4), its timing and effect, marital status and exempt employees – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) (6 controls), Section 3402(j), (k), (o), (p), (q), (r), (s), (t): tips, non-cash commission remuneration, annuities and sick pay, voluntary withholding, gambling winnings, tribal distributions, vehicle fringe benefits and stock – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) (4 controls). Every control below carries what it requires and what an assessor expects to see.

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Framework Domains (3)

Section 3402(a) to (e), (g), (h), (i): the requirement to withhold, the percentage and wage bracket methods, excluded wages, overlapping periods and alternative methods – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402)

6 controls
Controls in the Section 3402(a) to (e), (g), (h), (i): the requirement to withhold, the percentage and wage bracket methods, excluded wages, overlapping periods and alternative methods – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) domain of US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) — 6 controls
CodeTitle
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402a-requirementWithhold income tax from every payment of wages using the Treasury's tables or computational procedures applied to wages above the withholding allowance
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402b-c-methodsApply the percentage or wage bracket method consistently, handling non-payroll-period and no-period payments by the miscellaneous payroll period rules
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402d-tax-paid-by-recipientIf withholding was missed and the employee later pays the tax, the tax is not collected again from the employer, but penalties and additions remain
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402e-included-excluded-wagesApply the half-period rule: treat all or none of a payroll period's remuneration as wages depending on whether more than half the services were wages
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402g-h-overlapping-agents-alternativesFollow the regulations for overlapping pay periods, cross-year periods and payment through agents, and use only the authorised alternative computation methods
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402i-increased-withholdingHonour employee requests for additional withholding and treat the extra amounts as tax withheld

Section 3402(f), (l), (m), (n): the withholding allowance certificate (Form W-4), its timing and effect, marital status and exempt employees – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402)

6 controls
Controls in the Section 3402(f), (l), (m), (n): the withholding allowance certificate (Form W-4), its timing and effect, marital status and exempt employees – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) domain of US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) — 6 controls
CodeTitle
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402f1-allowance-elementsCompute each employee's withholding allowance from dependency status, spouse's allowance, child credit expectations, additional amounts, the standard deduction and multiple-employer certificates
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402f2-certificate-furnishingObtain a signed withholding allowance certificate at the start of employment and a new one within ten days when the employee's allowance falls
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402f3-4-certificate-effectGive effect to a first certificate from the next payroll period and a replacement certificate by the first period ending at least thirty days after receipt, with the employer free to act sooner
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402l-marital-statusTreat the employee as single unless a certificate shows married, and apply the statutory tests for marital status
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402m-additional-allowancesAllow employees to claim additional allowances or reductions for estimated itemised deductions, qualified business income deductions, credits and other items the regulations specify
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402n-exempt-employeesDo not withhold where the employee certifies no income tax liability last year and none expected this year, and renew the certificate annually

Section 3402(j), (k), (o), (p), (q), (r), (s), (t): tips, non-cash commission remuneration, annuities and sick pay, voluntary withholding, gambling winnings, tribal distributions, vehicle fringe benefits and stock – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402)

4 controls
Controls in the Section 3402(j), (k), (o), (p), (q), (r), (s), (t): tips, non-cash commission remuneration, annuities and sick pay, voluntary withholding, gambling winnings, tribal distributions, vehicle fringe benefits and stock – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) domain of US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) — 4 controls
CodeTitle
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402j-k-noncash-commissions-tipsReport rather than withhold on non-cash retail commission remuneration, and withhold on reported tips only from the wages under the employer's control
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402o-annuities-sick-pay-subTreat supplemental unemployment benefits as wages, and withhold on annuities and third-party sick pay only on the payee's written request for a specified amount
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402p-voluntary-withholdingWithhold on specified federal payments and unemployment compensation at the request of the payee at the permitted percentages, and on other payments under voluntary agreements
us-internal-revenue-code-section-3402-income-tax-withholding-at-source-26-usc-3402::3402q-r-s-t-gambling-tribal-vehicle-stockWithhold on reportable gambling winnings and per-capita Indian casino distributions at the statutory rates, exempt vehicle fringe benefits on notice, and apply the stock compensation rule

What is US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) and who does it apply to?

US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) is a compliance framework from United States (federal) with 3 domains and 16 controls. Section 3402 of the Internal Revenue Code, the source of every United States employer's duty to withhold federal income tax from wages: the requirement to withhold under the Treasury's tables, the percentage and wage bracket methods and the alternative methods, the half-period rule for mixed wages, the withholding allowance certificate (Form W-4) with its furnishing, ten-day change, thirty-day effect and lock-in mechanics, marital status, additional allowances for deductions and credits, the exempt-employee certificate, withholding on tips and on non-cash commissions, annuities and sick pay on request, voluntary withholding on federal payments and unemployment compensation, gambling winnings and tribal casino distributions, and the vehicle fringe benefit election. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.

What does US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) actually require?

US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) has 16 controls organised across 3 domains. The largest domains are Section 3402(a) to (e), (g), (h), (i): the requirement to withhold, the percentage and wage bracket methods, excluded wages, overlapping periods and alternative methods – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) (6 controls), Section 3402(f), (l), (m), (n): the withholding allowance certificate (Form W-4), its timing and effect, marital status and exempt employees – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) (6 controls), Section 3402(j), (k), (o), (p), (q), (r), (s), (t): tips, non-cash commission remuneration, annuities and sick pay, voluntary withholding, gambling winnings, tribal distributions, vehicle fringe benefits and stock – US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) (4 controls). Each control defines specific requirements that organisations must implement to achieve compliance.

If I already comply with another framework, how much of US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) do I already cover?

US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402) does not currently have cross-framework mappings in our system. Check back as we continuously expand our mapping database.

How do I implement US Internal Revenue Code Section 3402 Income Tax Withholding at Source (26 USC 3402)?

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