I'm aware of that but my point is that most employers would not allow that since the employer is also liable if it under-withheld for a W2 employee.

> I'm aware of that but my point is that most employers would not allow that since the employer is also liable if it under-withheld for a W2 employee.

AFAIK, they aren't liable for under withholding if they withhold correctly according to the W-4 signed by the employee, even if the W-4 claims things (e.g., "exempt" when the employee does not meet the qualifications) that are not accurate.

The employer is only liable for the Medicare/SS withholdings. Half of them are deducted from your check and the employer pays the other half out of pocket. As long as you're being paid as an employee you have no control over that. The employer will only withhold and send income taxes based on what you've specified on your W-4.

So it sounds like we're in total agreement.