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Can I request to withhold IRS at a higher rate and avoid paying in 2026?

“The question contains some fiscal malice, but the answer is yes, you can request that the employer or paying entity responsible for withholding apply a higher tax bracket than required.

This is because, under section 6 of Article 98 of the IRS Code: ‘Income holders of categories A, B, and H can opt for IRS withholding at a higher full rate than is legally applicable by making a declaration to the income-paying entity for this purpose’.

This could be a valid strategy to avoid or reduce the tax to be paid in 2026 on 2025 income. If the withheld tax exceeds the amount actually due, it will result in a refund and could even be viewed as savings.

With this small ‘step,’ a significant fiscal gain can be achieved.”

Restaurantes (e outros estabelecimentos) podem fechar para férias? 
Restaurantes (e outros estabelecimentos) podem fechar para férias?

‘Work and (un)complicated taxes’ is a rubric by Notícias ao Minuto, authored by Dantas Rodrigues, focusing on topics related to work, personal finance, and taxes.

Notícias ao Minuto | 08:16 – 08/08/2025

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The column ‘Work and (un)complicated taxes‘ is published biweekly. Be a part of it by sending your doubts, questions, or topic suggestions to ec******@**************to.com.

Dantas Rodrigues has been a lawyer since 1993 and is a partner at Dantas Rodrigues & Associados. He has also been a professor of Law in Polytechnic Higher Education since 1995.

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