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Overpaid Employer FICA Tax Question

 

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Subject Author Date
Overpaid Employer FICA Tax Question Joey Bello 03-14-2007
Posted by Joey Bello on March 14, 2007, 12:22 am
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Is there any way for an employer to recover the employer's
portion of overpaid FICA when the employee worked for two
different employers?

The situation is that for 2006, the $5840 employer's share
was paid by Company A and $802 was paid by Company B. $802
was overpaid by the employers. I understand that $802
employee's share of overpaid FICA will be recovered by the
employee when filing their 1040.

How and which business can recover the employer's share that
was overpaid?

If there is not any way to recover this amount, what can be
done to avoid this situation in subsequent years?

Thanks in advance for your responses!

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Posted by Frederick Lorca on March 15, 2007, 1:28 am
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> Is there any way for an employer to recover the employer's
> portion of overpaid FICA when the employee worked for two
> different employers?

The only party with overpaid FICA is the employee who is
allowed by IRC §6413(c) to claim the overpayment as a
refundable credit against his tax. Since there is no
corresponding code provision for the employer, there is no
overpaid FICA with respect to the employer in this
situation.

Frederick Lorca

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<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
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<< Copyright (2006) - All rights reserved. >>
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Posted by Herb Smith on March 15, 2007, 1:28 am
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> Is there any way for an employer to recover the employer's
> portion of overpaid FICA when the employee worked for two
> different employers?

Nope, none. Each employer is required to withhold employment
taxes as if you only worked for them (i.e. ignore any other
employer's deductions).

> The situation is that for 2006, the $5840 employer's share
> was paid by Company A and $802 was paid by Company B. =A0$802
> was overpaid by the employers. =A0I understand that $802
> employee's share of overpaid FICA will be recovered by the
> employee when filing their 1040.

Right, except for the amount due to Medicare tax.

> How and which business can recover the employer's share that
> was overpaid?

Not going to happen. Why should it? You worked for them and
received a wage, right? They owe the FICA tax, regardless of
your total income and tax paid.

> If there is not any way to recover this amount, what can be
> done to avoid this situation in subsequent years?

This usually only occurs in a year in which you have two or
more employers and make over (currently) $98,000. Try not to
change employers so often.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Phil Marti on March 15, 2007, 1:28 am
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> Is there any way for an employer to recover the employer's
> portion of overpaid FICA when the employee worked for two
> different employers?

No, because neither employer overpaid.

The FICA the employer remits is really two different taxes:
one on the employee, which is withheld from wages, and one
on the employer. The employer pays FICA until that employer
reaches the wage limit for the year.

There are some provisions regarding predecessor/successor
relationships between the employers in which the employee's
YTD earnings carry over, but for the everyday employment
switch, each employer pays based on its wages.

--
Phil Marti
Clarksburg, MD

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by rick++ on March 15, 2007, 1:28 am
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No, only employees can be refunded overpaid FICA on their
half.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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