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Level 1
Aug 7, 2023 3:54 PM UTC
Solved

Severance Payments

After a recent layoff, I have started receiving severance payments from my employer. The payments are weekly, the same gross amount as when I was employed. But these payments are being taxed at a higher rate. As far as I understand severance is only taxed differently if paid in a lump sum (due to tax year estimating). When I reach out to payroll, they only respond with “severance pay is taxed higher”. 
I am in Georgia, the severance agreement states that “payments are to be made for 12 weeks equaling last recorded salary gross pay for a total of $****”. 
Is there something I am missing? Or do I get the tax difference back when I file? Just doesn’t sound like they are applying the taxes correctly. 

dmertzAnswer
Level 15
Aug 7, 2023 5:59 PM UTC

Expert Reviewed

Severance pay is considered to be supplemental wages.  If not paid concurrently with regular wages the employer will generally withhold federal taxes at a flat 22% as instructed in IRS Pub 15.  As VolvoGirl said, any excess tax withholding determined on your tax return for the year will become your tax refund.

2 replies

VolvoGirl
Level 15
Aug 7, 2023 4:32 PM UTC

That is just withholding to cover the tax.  Yes you can get a refund if your total withholding for the year is more than the tax on all your income.  

dmertzAnswer
Level 15
Aug 7, 2023 5:59 PM UTC

Expert Reviewed

Severance pay is considered to be supplemental wages.  If not paid concurrently with regular wages the employer will generally withhold federal taxes at a flat 22% as instructed in IRS Pub 15.  As VolvoGirl said, any excess tax withholding determined on your tax return for the year will become your tax refund.