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micksky00 · Oct 12, 2008, 02:09 AM

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?

MukatA · Oct 12, 2008, 07:15 AM

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.

micksky00 · Oct 12, 2008, 12:02 PM

Originally Posted by 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.

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.

MukatA · Oct 13, 2008, 05:43 AM

Find out why the employer is not deducting FICA taxes. They must deduct it.

AtlantaTaxExpert · Oct 13, 2008, 08:53 AM

Agreed; FICA taxes ARE due In my opinion.