W-2 with no FICA W/H

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  • JenMO
    Senior Member
    • Apr 2007
    • 974

    #1

    W-2 with no FICA W/H

    TP worked for an exempt employer, they treated her as an exempt worker (4029 exemption presumed). She is not exempt. Is it my responsibility to include her part of the FICA on this year's tax return? I looked at Form 8919, but it assumes TP rec'd a 1099 instead of w-2 and I'm not sure how to fill out. What would happen if I did nothing at all? Will IRS check for exemption and notify TP or employer? Wouldn't employer then be responsible for both halves since he failed to withhold?
  • ChEAr$
    Senior Member
    • Dec 2005
    • 3872

    #2
    You've got it exactly.

    Originally posted by JenMO
    TP worked for an exempt employer, they treated her as an exempt worker (4029 exemption presumed). She is not exempt. Is it my responsibility to include her part of the FICA on this year's tax return? I looked at Form 8919, but it assumes TP rec'd a 1099 instead of w-2 and I'm not sure how to fill out. What would happen if I did nothing at all? Will IRS check for exemption and notify TP or employer? Wouldn't employer then be responsible for both halves since he failed to withhold?
    Case way back involved same issue and IRS made employer cought up the dought.
    Of course employer had a right to half from former employee, but they would have had
    to sue to collect and wasn't worth it.

    IOW, do not use that new fangled form just for FICA.
    ChEAr$,
    Harlan Lunsford, EA n LA

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    • RLymanC
      Senior Member
      • Sep 2005
      • 653

      #3
      Se Taxes

      I have used Form 4137 to generate SE taxes for wages from a church to a lay employee that is required to pay SS and Medicare taxes.
      Confucius say:
      He who sits on tack is better off.

      Comment

      • JenMO
        Senior Member
        • Apr 2007
        • 974

        #4
        So, should I put the FICA on the return and make her pay, or wait for a letter. What's the best thing to do?

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