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@064 CHAP 5
┌───────────────────────────────────────────────┐
│ FICA (SOCIAL SECURITY TAX) ON WAGES │
└───────────────────────────────────────────────┘
"Man is a thinking animal, a talking animal, a tool-
making animal, a building animal, a political animal,
a fantasizing animal. But in the twilight of a
civilization he is chiefly a taxpaying animal."
-- Hugh MacLennan
FICA (or "Social Security") taxes apply to the wages of virtually all
employees. For 1991, the 15.3% FICA tax (imposed at the rate of 7.65%
each on the employee and the employer on each employee's wages) applies
to wages up to a maximum of $53,400 per covered employee. In addition,
on wages above $53,400 but below $125,000, there is a 2.9% tax (also
split equally between employer and employee, at 1.45% each). Thus, the
maximum total combined FICA taxes on an employee's wages in 1991 are
$10,246.60 (or $5,123.30 each, for employer and employee). The covered
amounts increase from $55,500 at 15.3% and $130,200 at 2.9% in 1992,
for a maximum 1992 combined tax of $10,658 on an employee with $130,200
or more in wages.
Employers are required to withhold the employee's share of FICA tax
from the wages paid to the employee, and deposit both the employee and
employer portions of the tax along with withheld federal income taxes.
Such funds must be deposited with an appropriately coded federal tax
deposit coupon in a bank that is designated as a federal tax deposi-
tory. Quarterly returns must be filed (Form 941) reporting the wages
of the employees with respect to whom the taxes were withheld and paid.
There is no effective shelter from FICA tax, other than not to pay or
receive wages, which obviously is not much of a solution. Many em-
ployers attempt to avoid paying FICA (and FUTA) tax on wages of their
workers by treating those workers as "independent contractors." The
IRS, however, is increasingly cracking down on those employers where
such tax treatment of workers is not justified. For details, see the
discussion of "INDEPENDENT CONTRACTORS" under that subject listing,
using the "INDX" or "KEY" menu selections in this program (MAIN Menu),
or else use the "INDEP" selection on the CHECKLISTS Menu.
Until January 1, 1988 it was possible to pay wages to one's spouse or
to one's children under age 21 free of FICA taxes, but this "loophole"
was eliminated by the Revenue Act of 1987. However, a sole proprietor
may still hire his or her children under age 18 to work in the family
business without such wages being subject to FICA taxes. Note that
even this limited exception does not apply to a corporate business or
to typical partnerships.
As heavy a tax burden as the FICA tax is, at least the employer's half
of the tax is deductible as a business expense. Before 1990, this was
more advantageous than the situation for self-employed persons, who
paid a somewhat lower total tax rate, but were unable to deduct any of
the Self-Employment tax they paid. In 1990 and thereafter, this dif-
ference no longer exists, since the self-employment tax rate is now
the same as the total FICA rate (15.3%), and half of it is deductible
for income tax purposes.
One possible, but somewhat controversial, approach to reducing one's
FICA or self-employment tax on earnings is to set up an S corporation
and pay yourself wages less than the $55,500 amount that would ordin-
arily be subject to the full 15.3% FICA or self-employment taxes. This
will increase the S corporation's net income, which will still pass
through to you as the shareholder, but such income can be distributed
to you in full as dividends with no taxes other than straight income
tax applicable to it, unlike wages or self-employment income, which are
be subject to BOTH income tax and FICA or self-employment tax. Note
that if the wages you pay yourself from an S corporation are unreason-
ably low, the IRS has the right to "impute" part of the corporate
income to you as additional wages, which could defeat this neat
strategem.
@CODE: LS
There is no Social Security Tax or Social Security in @STATE.
Persons who live to age 65 in @STATE tend to disappear.
@CODE:OF