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-   -   Federal Withheld but not Medicare/SS (https://www.askmehelpdesk.com/showthread.php?t=268430)

  • Oct 12, 2008, 02:09 AM
    micksky00
    Federal Withheld but not Medicare/SS
    I was originally working for a British company. They had to have us under control by an American company so they created an LLC. This LLC has taken over our payroll and is only deducting Federal Taxes. They are not deducting FICA or MEDICARE. Can they do this? From what I can surmise from the IRS Publication 1779, we are employees and not independent contractors. I do not want to be stuck paying all of my MEDICARE at the end of the tax year.

    So my question again is: Can this company deduct only what they want to deduct?
  • Oct 12, 2008, 07:15 AM
    MukatA

    Are you a U.S. citizen or resident? If not, which visa do you have?
    If you are a W2 employee or a 1099-misc independent contractor, find out from your employer.
  • Oct 12, 2008, 12:02 PM
    micksky00
    Quote:

    Originally Posted by MukatA View Post
    Are you a U.S. citizen or resident? If not, which visa do you have?
    If you are a W2 employee or a 1099-misc independent contractor, find out from your employer.

    I am a US Citizen. W4 has been completed and the employer has taken federal out. I normally file for the exemption using Forom 673 under "physical presence" out side the US for more than 330 days.
  • Oct 13, 2008, 05:43 AM
    MukatA

    Find out why the employer is not deducting FICA taxes. They must deduct it.
  • Oct 13, 2008, 08:53 AM
    AtlantaTaxExpert
    Agreed; FICA taxes ARE due In my opinion.

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