- 9 - Stat. 415 (1954), currently codified as secs. 3101-3125, imposes Social Security and Medicare taxes (collectively referred to as “FICA taxes”) on a portion of the wages paid to an employee. Under FICA, the employer and the employee each pay a like amount of FICA taxes based on the employee’s wages as defined in section 3121(a). Secs. 3101, 3111. The employer withholds the employee’s half of the FICA taxes and remits it, along with the employer’s half, to the Treasury Department. Sec. 3102. Section 3121(a) defines wages and establishes the annual ceiling which limits the amount of wages subject to the Social Security portion of the FICA taxes. The taxable wage base applies separately to each employer. Veterinary Surgical Consultants, P.C. v. Commissioner, 117 T.C. 141, 151 (2001), affd. sub nom. Yeagle Drywall Co. v. Commissioner, 54 Fed. Appx. 100 (3d Cir. 2002). Thus, if an employee receives wages from more than one employer, the annual wage limitation does not apply to the aggregate compensation received. Id.; secs. 31.3121(a)(1)-1(a)(3), 31.3306(b)(1)-1(a)(3), Employment Tax Regs. Section 3502(a) provides that the FICA taxes imposed on the employee’s portion of his wages shall not be allowed as a deduction to the taxpayer in computing taxable income. However, the employee may be eligible for a credit or refund of the excess employee portion of the FICA tax that applies with respect to wages in excess of the applicable wage limitation. VeterinaryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011