How can I get social security credits if my employer only withheld federal taxes? Can the employer do that?

November 5th, 2007 | by security |
security
nanush asked:


I was not an independent contractor and the employer sent me a W-2. If the answer is yes (the employer CAN do that), how do I remedy this with social security? i.e. how can I get social security and medicare credits for my earnings? Thanks.

DEL
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  1. 8 Responses to “How can I get social security credits if my employer only withheld federal taxes? Can the employer do that?”

  2. By batwanda on Nov 6, 2007 | Reply

    What makes you think they did not hold out SS? Was FICA held out? Ok so they didn’t hold it out. Call the local job service and ask them who you should speak to. YOu might be require to pay it, but I think the former company will have a fine for it.

  3. By bostonianinmo on Nov 8, 2007 | Reply

    Certain classes of resident and non-resident aliens are not subject to SS tax. Other than that, only certain members of the clergy, teachers, or railroad workers are exempt from SS withholding. If you’re not in one of those groups, ask your employer to provide a corrected W-2.

  4. By Homeslice on Nov 10, 2007 | Reply

    Are you by chance considered a statutory employee? Usually this type of employee is found in the insurance industry. If you are, then the employer does not withhold social security and medicare. Instead, you are permitted to file as self employed, which means you pay these taxes (your share and the employer’s share). If this is not the case, your employer is in a bunch of trouble since social seecurity and medicare is a 15.3% tax based on your gross wages, half is paid by you and half by your employer. The IRS doesn’t mess around when it comes to payroll taxes.

  5. By Mahal on Nov 11, 2007 | Reply

    Employers are required to withhold half social security from you (at 7.15%) and they match that amount out of their own funds.

    It will look like FICA tax and medicare tax on your pay stub.

    If they didn’t withhold it, you still owe it, and you have to pay it on your 1040 form. (This is highly unusual, since they pay in to the bank the combined federal withholding and federal FICA taxes. Make sure this is right before you pay it.)

  6. By theancient_dr on Nov 13, 2007 | Reply

    Talk to IRS.
    Under current law thought Social Security Taxes must be withheld

  7. By Maria C on Nov 13, 2007 | Reply

    Ask your employer why they did not withhold Social Security….there are only a few reasons not to, one of which you are not a US resident and your working under a J-1 Visa, did they withhold on Medicare? If not, they will need to provide you with a corrected W-2 that shows your taxable earnings for both SS & Medi. Unfortunately, since they did not withhold and if they should have, you will probably have to make the contribution on your own. Go to the Social Security website – – it is usually very helpful with this sort of thing. They will be able to advise you of the appropriate steps to take.

    Good Luck

  8. By Judy on Nov 14, 2007 | Reply

    Are you saying that you got a W-2, but no social security taxes were withheld. Unless you are in one of a very narrowly limited types of job, then no, this isn’t legal. Contact your employer and ask why they weren’t withheld. They should have been withheld from your pay, and the employer should have paid an equal amount to what was withheld from you.

  9. By ninasgramma on Nov 16, 2007 | Reply

    Look at all copies of the W-2. The federal copy will show social security withholding in Box 4 and medicare withholding in Box 6.

    If these boxes are blank, ask your employer for a corrected W-2.
    If your employer in fact didn’t withhold or send in SS or Medicare taxes, he is subject to fines and penalties and has to correct that situation.

    If no SS or Medicare has been withheld from your pay, you can pay your part of the unpaid employment taxes on your tax return and get SS credit. Use Form 4137, cross out “tips” and put in “wages.” Mail in your return.

    The IRS will get the other half from your employer.

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