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FICA (Federal Insurance Contribution Act)

What does FICA stand for?

It stands for Federal Insurance Tax Act. This tax is split between the employee and the employer. This tax is taken out by the IRS when an employee gets a paycheck from the employer. When an employee or an employer has questions about FICA, they can turn to Experts for fast and affordable answers to any FICA related questions.

Can an employer make an employee pay the taxes on money when the employer was at fault for the taxes not being held out, and what is the least amount of years the IRS can go back?

Yes, the employer can ask the employee to pay them back the taxes that the employer paid on their behalf. Since the employee would have had to pay the taxes anyways, the employee is responsible for their share of the taxes. The IRS generally only audits back three years, but in special circumstances they can go further back than the three years.

how can an employee in a school district get their money back when their employer takes FICA taxes out by mistake?

If the employer took out the FICA tax then there is no way to refund that money. The employee’s money will be credited to their account under their social security number and will gain benefits from the money later on or at the end of the year when the employee files their tax return.

If an employee does not give consent to withhold any money besides taxes and FICA, can an employer take other money?

The employer may not take money that the employee did not agree to unless it is a court ordered garnishment. If the employer is withholding money then the employee may file a complaint with the states labor board.

can an employer make a former employee pay half of the FICA taxes long after the employee was terminated?

The employer can demand that the former employee pay their part of the FICA taxes. The employer could sue to collect the money or they may leave the situation at just asking. If the employee needs further advice, the Experts on JustAnswer can advise as to the course of action that would be best to take.

can an employer deduct the employer’s portion of FICA from the employee’s wages?

No, the employer pays half of the FICA tax and the other half is to be paid by the employee. If the employer is taking their share out of the employee’s wages, then the IRS and the Department of Labor can step in and help the employee correct the mistakes of the employer.

An employer and employee are each responsible for paying one half of the FICA. This may be confusing or overwhelming to either party and they may need to seek advice regarding FICA taxes, laws regarding FICA taxes and FICA deductions. Asking an Expert is a fast and affordable way to get clarity on any questions you may have regarding FICA.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent FICA Questions

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    By law, is an employer required to give employees an employee hand book when hired?
    If so, how long after being hired, should each employee get this employee hand book?
  • In June of this year a recruiter contacted me about a VP of

    In June of this year a recruiter contacted me about a VP of Safety position for which he had been retained to find a candidate. I contacted the VP of Employee Services for the company I worked for and asked if it would be okay for me to pursue the opportunity since it was common knowledge I had gone as far as I possible could where I am at.The VP gave his blessing and offered his phone number for a reference. I interviewed for the opportunity but the hiring process stalled. In the meantime the my boss resigned and I was promoted into his position of Corporate Safety Director in October. In December the other company contacted me and made me an offer. When we contacted my current supervisor of the offer he went ballistic and threatened to have the offer blocked. He also threatened to make life miserable for me and my new employer (both are General Contractors). The new company would not make me a written offer until I resigned from my current employer but did make me a verbal offer. After further discussions with both and more verbal threats from my boss I called but did not get an answer so I left a message and then emailed the new company to let them know that my discussions with my current employer had ended and that I would be resigning and would accept their offer. Moments after leaving the message to accept their offer,the President of the new company called me and said that when they originally offered me they had no idea how much trouble my old boss would make. They felt that i would be in everybody's best interest if I would stay where I am. In others words they were backing out and now I feel it is a matter of time before I am terminated or at the least black balled. Is this collusion or is this legal?
  • A religious organization obtained a personal email from my

    A religious organization obtained a personal email from my brother in law and began circulating it among church members behind my back without my knowledge. The email is very personal and discusses a problem I had with my husband. This was done without my consent or permission. The email is being used in a manner related to defamation of my character. I was informed that the organization instructions to those who read the email not to disclose what was being done. How do I stop circulation of the email?
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