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    largoaleman's Avatar
    largoaleman Posts: 4, Reputation: 1
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    #1

    Feb 5, 2009, 07:39 AM
    Who has to pay my '07 and '08 FICA back taxes?
    I work in the US on an L-1 visa and it was recently determined that my employer incorrectly did NOT withhold FICA taxes from my pay. This first came to light in Dec-08 and FICA hadn't been deducted since some time in '07. Only since my last paycheck at the end of January-09 are social security and medicare now being deducted.

    My question is: Who's responsible for paying my FICA back taxes? I read a comment in this forum before that my employer is responsible, but can in turn ask me to pay my portion. However, someone added to this that the employer can only collect this from me if they find the error in the same FICA year. Is this true, and - based on the description above - did my employer find the error in time to collect '08 AND '07 back taxes from me?

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 10, 2009, 02:53 PM
    Your EMPLOYER is responsible for properly collecting and paying these taxes. That has consistently een the IRS position for OVER 70 years.

    Further, after 31 January 2009, your employer has NO LEGAL STANDING to collect back taxes for 2007 OR 2008. If he tries to force the issue, you can contact the IRS to have them audit the employer and put a stop to the collection action.

    Of course, making such a call would probably get you terminated, but what's a job in a deep recession when you have the law on your side, right?
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