Employer Paid FICA – Deduction For Paying Employee’s FICA Taxes Allowed
The tax code expressly bars a deduction for an employees’ share of FICA. So when a company agrees to pay it’s employees’ share of FICA during a payroll tax audit, IRS agent asked the National Office if the company could claim the deduction.
The National Office says that the no-deduction bars taxpayer’s from deducting their own FICA taxes. However, the rule does not bar a company from deducting taxes owed by its employees as long as there is an appropriate business purpose. The company’s desire to avoid having to ask its employees for the tax is a sufficient reason.
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