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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: 8057
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

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    Rate the answer you receive.

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Recent FICA Questions

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  • I am a salaried, exempt employee who returned to work after

    I am a salaried, exempt employee who returned to work after being out on disability for four months. In a meeting prior to my return I was informed by my employer that they would accept me back at part time hours (8am - 12pm) at half salary only to be reviewed by the family (private, family owned company) every quarter. My treating physician released me back to work at full duty without any restrictions or reduced working hours other than the one week off per month needed to receive chemo treatments as part of a general maintenance for my treatment plan.
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