1

As I mentioned in this question (Can my employer adjust FICA contributions on payroll they have already processed?), my first paycheck (after a sabbatical) in the first two weeks of February did not have the resident taxes/FICA (~$300) deducted from it.

I had not mentioned the change in my tax status (from FICA exempt to resident tax liable) to the company in writing (W9) by the time the payroll was processed. I was late to submit the documentation, just by a day, before the company processed payroll.

I had mentioned my change in tax status, verbally, a week before though and have documentation of this verbal notification.

Payroll is processed through Quickbooks and from what accounting told me, it's not possible to process payroll again, and hence have the deductions happen.

Is there a way I could have the resident taxes/FICA deducted from that paycheck another way in which I can have my employer pay for it?

For example, can I ask my employer to:

  1. Issue a check to me for the exact amount that the resident taxes would come to for that period (~$300)
  2. Issue a check to the IRS with my name and SSN on the check description/details for the exact amount that the resident taxes would come to for that period (~$300)

I would rather not pay ~$300 for the resident taxes/FICA by myself that my employer would have paid anyways (had I handed over the W9 to them just a day before than I did, when they processed payroll).

  • I am confused regarding the exchnage of money in the question. Assuming the company is willing to correct the employees error, the following will happen: the next pay check will be ~$300 less. Behind the scenes the company will send an additional ~$300 from their profits to the IRS for FICA. – mhoran_psprep Jul 27 '13 at 15:11
2

They should be able to figure it out. They submit the paperwork to the IRS on a quarterly/yearly basis, and they should be able to charge you the amounts you should have paid in the next period. It is their responsibility, and you should let them fix it. Ask your tax adviser what happens if they don't, but since its only one pay period that got miscalculated, it may just fall between the cracks, so I wouldn't worry too much. But again - verify with a tax professional.

  • Accounting possibly wants to give excuses to save paying that $300 and other paperwork on my behalf. I need to show them some documentation that will show them step-by-step what needs to be done (because I forgot to update my tax status when they ran payroll) – sekharan Jul 26 '13 at 20:07
  • Not to get you confused, in my answer to the other question I said "its your responsibility", and here I say "its their". Your responsibility is to notify, which you did. Their responsibility is to correct. – littleadv Jul 26 '13 at 20:07
  • 1
    I believe its more the hassle than the actual money. They're just being lazy/incompetent. – littleadv Jul 26 '13 at 20:08
  • Unless I can show them documentation that it's their responsibility is to correct I might not be able to close this. I want to make it easy by showing them suggestions on how to do this easily. – sekharan Jul 26 '13 at 20:08
  • 2
    @sekharan no, you cannot. You're not 1099 contractor, you're W2 employee. You cannot pay FICA yourself. Your failure to notify by one day is not an excuse for them not to remedy this when you did notify. The quarter/year hasn't ended, they could have fixed it, had they wanted. Leave it to them, its their problem. IMHO. – littleadv Jul 26 '13 at 20:20
1

I would rather not pay ~$300 for the resident taxes/FICA by myself

This doesn't make sense at all. You do not pay anything to anyone. It's between the company and IRS.

Issue a check to me

This also doesn't make sense. Why would they pay you? They pay the IRS. You are not involved.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.