DevM Posted June 17, 2009 Report Posted June 17, 2009 Hi, Filed a Tax return for a client where NO Social Security or Medicare was deducted. Now Client recevied a W2C which has only amounts in Box 3 (Social Security) and Box 5 (Medicare). Still nothing in Box 4 (SS Tax withheld) or Box 6 (Medicare Tax Withheld). I am trying to fill out Form 8919 and amending the return. Is this correct..? Devm Quote
jainen Posted June 17, 2009 Report Posted June 17, 2009 >>fill out Form 8919 and amending the return. Is this correct..?<< No, at least I don't think it is correct. According to the instructions for Form 8919, it is only used for employees who are misclassified as independent contractors. Your client was correctly classified as an employee and paid on a W-2. She has absolutely no obligation whatsoever to pay Social Security taxes on her wages. The only obligation is for the employer to pay them. If the employer didn't collect the tax, that's his problem. Quote
Gail in Virginia Posted June 17, 2009 Report Posted June 17, 2009 Was the W2 for employment or was it for something like sick pay? The client might be obligated to pay the social security and medicare taxes with their 1040 in some cases. Usually, if they are liable for the SS/Medicare their will be codes in box 12 with the amount of the uncollected taxes and this will carry onto the tax return on page 2, other taxes. Quote
DevM Posted June 18, 2009 Author Report Posted June 18, 2009 Was the W2 for employment or was it for something like sick pay? The client might be obligated to pay the social security and medicare taxes with their 1040 in some cases. Usually, if they are liable for the SS/Medicare their will be codes in box 12 with the amount of the uncollected taxes and this will carry onto the tax return on page 2, other taxes. W2 is for Employment. Originally client was on OPT so no Ss/ Med. for 2007. In 2008 client recevied green card. Client informed the employer and provided copy of GC. Employer never corrected their records acordingly. Client questioned the original W2 after filing taxes why SS/Med were not deducted that's why client received W2C with Box 3 and Box 5 filled in. Devm Quote
jainen Posted June 18, 2009 Report Posted June 18, 2009 >>Employer never corrected their records acordingly.<< If he is planning on moving on anyway he should just let it be. A previous employer couldn't touch him. A current employer might demand he repay his share, or might even just withhold it without notice. It's the sort of payroll thing that when it happens, it is really nice to have a union shop steward nearby. Quote
DevM Posted June 19, 2009 Author Report Posted June 19, 2009 >>Employer never corrected their records acordingly.<< If he is planning on moving on anyway he should just let it be. A previous employer couldn't touch him. A current employer might demand he repay his share, or might even just withhold it without notice. It's the sort of payroll thing that when it happens, it is really nice to have a union shop steward nearby. Jainen, Thank you for the response. I spoke to the client and that's the way I explained to him. He is going to talk to the Employer about it. Actually for this year the Employer has alreday deducted SS/Med for this year. He is not planning to move away from the Employer. Once again Thank you. Devm Quote
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