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Previous employer didn't withhold FICA from my paychecks - am I responsible for penalties & fees?

Title: Previous employer didn't withhold FICA from my paychecks - am I responsible for penalties & fees? 1 I just discovered something alarming while doing my taxes this month. My former company didn't withhold ANY FICA taxes from my paychecks for the last 3 years! I had no idea until I was checking my Social Security records for tax filing and noticed this huge gap. When I contacted their HR department, they claimed they thought I was FICA exempt (I definitely wasn't). Now they're saying I need to pay my portion of FICA taxes, which comes to about $6,800. I'm fine with that part since I know I owe those taxes. The problem is they're trying to charge me for a bunch of other stuff too! They're saying there's $30,000+ in total costs including: - My FICA portion - Their employer FICA portion - Late penalties - Interest - Their "tax amendment processing fee" (whatever that is) Their HR person kept hinting that the owner doesn't want to pay for their mistake and is expecting me to cover half of ALL these costs, not just my portion of the taxes. I'm really confused about my legal responsibilities here. Am I actually liable for penalties on taxes THEY failed to withhold? Shouldn't the company be responsible for their error? What happens if the IRS or Social Security Administration discovers I'm missing 3 years of FICA contributions? Would I be in legal trouble or would they? I'm thinking maybe I should just contact the IRS directly to pay my portion and let them sort it out with my ex-employer. Dealing with this company has been a nightmare and I feel like they're trying to take advantage of me. What's the best approach here?

Ellie Perry

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6 Quick question - has anyone actually dealt with the IRS directly on this kind of issue? I'm in a similar situation (employer didn't withhold for 1 year claiming I was exempt), and I'm wondering if I should just bypass my former employer entirely and go straight to the IRS?

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Ellie Perry

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4 I went directly to the IRS when my employer refused to fix their FICA withholding mistake. Used Form SS-8 to have the IRS determine my correct employment status, then filed Form 8919 to pay my portion of the taxes. The IRS contacted my employer about their portion and penalties. It worked out well, though it took about 7 months for everything to get sorted out.

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Ellie Perry

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2 Be careful going directly to the IRS without attempting to resolve it with your employer first. In my case, the IRS audited both me AND my former employer when I filed Form SS-8. Everything worked out, but it created a lot more paperwork and stress. Try sending a formal letter to your employer first with a deadline for responding, then go to the IRS if they don't cooperate.

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Kiara Greene

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This is a frustrating situation that unfortunately many employees face. Your employer made a significant error, and you're absolutely right to question their attempt to make you responsible for their penalties. Here's what you need to know: You are only legally responsible for YOUR portion of FICA taxes (7.65% of your wages for those 3 years). You are NOT responsible for: - The employer's matching portion (another 7.65%) - Any penalties or interest charges - Their processing fees The employer is required by law to withhold and remit FICA taxes, and when they fail to do so, they're responsible for all penalties and interest that result from their error. My recommendation is to document everything in writing with your former employer. Give them a reasonable deadline (like 30 days) to provide you with a corrected statement showing only your portion of the taxes owed. If they refuse, you can file Form 8919 with your next tax return to pay your portion directly to the IRS, and let the IRS handle collecting the employer's portion and penalties. Don't let them intimidate you into paying for their mistake. The law is clear on this issue.

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Dmitry Ivanov

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Just to add a data point from personal experience: I'm also an F1 student who won a business plan competition last year with a $3000 prize. My process was: 1. Filled out W-8BEN (not W-8BEN-E, which is for entities) 2. Provided it to the organization 3. Received a 1099-MISC with the amount in Box 3 (Other Income) 4. Reported it on my 1040NR when filing taxes No issues whatsoever with my visa status. The key was making sure the organization understood this was prize money, not payment for services. When I filed my taxes, I also included a statement explaining that this was a one-time prize from a competition, not ongoing work or employment. Different countries have different tax treaties with the US, but in my case (I'm from India), I still had to pay tax on the prize money at the standard non-resident rate.

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Ava Thompson

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Did you have to pay self-employment tax on that prize money? I won a design competition as an F1 student and my tax software is trying to charge me the 15.3% self-employment tax on top of regular income tax which seems wrong...

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Benjamin Carter

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No, you should NOT be paying self-employment tax on prize money! Prize money from competitions is not subject to self-employment tax because it's not considered earnings from self-employment or trade/business activities. Self-employment tax only applies when you're conducting a trade or business as a sole proprietor or independent contractor. Competition prizes are classified as "other income" and are only subject to regular income tax, not the 15.3% SE tax. Your tax software might be miscategorizing the 1099-MISC. Make sure you're entering it as prize/award income rather than business income. In most tax software, there should be a specific section for "Other Income" or "Prizes and Awards" where you can enter the 1099-MISC without triggering self-employment tax calculations. If your software doesn't have that option, you might need to manually override the classification or use a different tax preparation method. This is a common mistake that can cost F1 students hundreds of dollars in unnecessary taxes!

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CosmicCowboy

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I'm so glad I found this thread! I'm a newcomer here but this discussion has been incredibly helpful as I'm dealing with almost the exact same situation. I'm an F1 student who recently won prize money from a programming competition ($3,000) and was completely confused about the tax and visa implications. Reading through everyone's experiences has given me so much clarity. The distinction between passive income (prizes/awards) versus earned income (work compensation) is something that really should be covered better in international student orientations. Like many others here, my DSO also couldn't provide specific tax guidance. A few questions for the community based on what I've learned from this thread: 1. When completing the W-8BEN form, is there a specific section where I should indicate that this is prize money rather than compensation for services? I want to make sure I'm being clear about the nature of the payment. 2. For those who used services like taxr.ai or Claimyr, did you find them helpful specifically for the F1 student angle, or were they more focused on general tax compliance? I'm trying to decide if it's worth the investment versus just being extra careful with documentation. 3. Has anyone here ever had their prize income questioned during a visa renewal or status check? I'm wondering if I should proactively prepare additional documentation beyond what's needed for tax filing. Thanks to everyone who shared their experiences - it's amazing how much peace of mind comes from hearing that others have successfully navigated similar situations!

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Madison Allen

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Welcome to the community! Great questions - I can help address a few of these based on my experience navigating similar waters as an F1 student. For the W-8BEN form, there isn't usually a specific section to characterize the payment type, but when you're communicating with the organization, make sure all your correspondence clearly states this is "competition prize money" or "award winnings." This creates the paper trail that distinguishes it from service compensation. Regarding the services mentioned, I haven't personally used them, but from what others have shared, they seem to understand the F1 student context well. However, given that your situation sounds straightforward (legitimate competition prize), you might be able to handle it yourself with careful documentation like others have suggested. As for visa renewals, I haven't had mine questioned yet, but I keep a folder with all competition materials (rules, judging criteria, winner announcement, etc.) along with my tax documents just in case. Better to be over-prepared! One additional tip: when you file your taxes, consider including a brief statement explaining that this was a one-time competition prize to make it crystal clear to anyone reviewing your return. It's a small extra step that could save headaches later. Hope this helps, and congrats on your prize!

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Jamal Harris

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Something else to consider with this conversion - your liability protection! When you bring on a partner, their actions can now create liability for the business too. Make sure your operating agreement includes indemnification provisions and clearly defines what partners can and cannot do without approval. My business lawyer insisted on this when I added my first partner.

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GalaxyGlider

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What about insurance? Did you have to update your business insurance when you converted to a partnership?

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Jacob Lewis

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Great question about insurance! Yes, you'll definitely want to notify your business insurance carrier about the ownership change. Most commercial policies require notification when there's a change in business structure or ownership. When I added my partner, my insurance agent had me update the policy to include both owners as named insureds. We also had to increase our general liability coverage since we now had two people who could potentially create liability for the business. Some carriers might want to see your new operating agreement to understand how responsibilities are divided. The good news is that adding a partner usually doesn't dramatically increase premiums - it's more about making sure everyone is properly covered. I'd recommend calling your insurance agent as soon as you finalize the partnership structure. Don't wait until renewal time, as you want to make sure there are no coverage gaps during the transition.

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Boyfriend's $1,055 Tax Refund Taken by TOP Program (Code 898) - No Notice Received

Hey everyone, I'm trying to figure out whats happening with my boyfriends tax refund. I was helping him check his transcript today and noticed something strange. I can see his RETURN DUE DATE OR RETURN RECEIVED DATE (WHICHEVER IS LATER) is Apr. 15, 2025, and the PROCESSING DATE was Mar. 10, 2025. According to his transcript, there are several transactions: TRANSACTIONS CODE EXPLANATION OF TRANSACTION | CYCLE | DATE | AMOUNT 150 Tax return filed | 20250805 | 03-10-2025 | $1,764.00 14221-444-47881-5 806 W-2 or 1099 withholding | | 04-15-2025 | -$2,819.00 846 Refund issued | | 02-26-2025 | $2,055.00 898 Refund applied to non-IRS debt: | | 03-11-2025 | $0.00 $2,055.00 His refund was supposed to be $2,055, and it shows code 846 for "Refund issued" on February 26th, 2025, but then there's also code 898 showing "Refund applied to non-IRS debt" from March 11th, 2025 for the entire refund amount ($2,055). Does this mean the IRS took his whole refund? His transcript shows tax return filed with tax amount of $1,764, withholding of $2,819, and then this apparent offset. He hasn't received any notices explaining this and we're completely confused. The transcript says "This Product Contains Sensitive Taxpayer Data" at the bottom, but nothing explains why his refund was applied to a "non-IRS debt." Has anyone seen something similar or know what this means? Why would his refund show as issued in February but then get applied to some debt in March? What kind of non-IRS debt could this be referring to?

Yuki Sato

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Since your bf's whole refund went to offset, he needs to talk to the agency that claimed the debt ASAP. Sometimes you can challenge it or set up a payment plan for the remaining balance. But don't wait - some agencies have strict timelines for appeals. Without a notice, your only option is calling TOP at 800-304-3107 to find out who took it.

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Lucas Adams

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I went through this exact same situation last year with my husband's refund. Code 898 means the Treasury Offset Program intercepted the entire refund for a government debt. The confusing part about the dates (refund issued 02-26 but offset 03-10) is normal - the IRS systems don't always sync up perfectly, so it shows as "issued" but gets caught before actually hitting your bank account. Definitely call the TOP hotline at 800-304-3107 ASAP to find out which agency claimed the debt. In our case, it was an old student loan that had gone into default without us realizing it. The agency that took the money should have sent advance notice, but those letters often get lost or look like junk mail. Once you know which agency has the money, you can contact them directly to dispute it if needed or work out a payment plan for any remaining balance. Don't wait too long though - many agencies have strict deadlines for appeals. Good luck!

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EIC calculation discrepancy with IRS notice - self-employment impact on Earned Income Tax Credit

Hey everyone, I need some advice on our earned income tax credit situation. My husband and I file jointly and have one daughter. We're both self-employed - I run an S-Corp I started in 2024, and he works as an independent contractor. My business showed a loss this year due to all the startup expenses. We just got this CP11 notice from the IRS saying we messed up our EIC calculation and now owe the difference. According to both FreeTaxUSA and the IRS's own tables, our EIC amount should be $3,451, but the IRS is claiming it should only be $2,268. So they're asking for $1,183 plus penalties! We called the IRS but got nowhere - they suggested maybe we didn't include Schedule EIC, but we definitely did. They also hinted that maybe our business loss is affecting the calculation somehow? I talked to two tax pros but got contradicting information. Here's our tax breakdown: - Our AGI was $31,068 - My husband's business profit: $42,743 - My business loss: $-8,254 - No W-2 wages for either of us - Some minor interest income ($285) and dividends ($47) - Total business income: $34,489 - Capital loss: $-417 - Self-employment tax deduction: $2,958 - Self-employment health insurance: $378 - Standard deduction: $27,700 - QBI deduction: $664 - Taxable income: $2,704 Has anyone dealt with EIC discrepancies when you're self-employed? I'm completely confused about why our calculation is different from the IRS's.

Nia Jackson

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Since you mentioned S-Corp, make sure you're distinguishing between "distributions" and actual wages for EIC purposes. The IRS only counts W-2 wages for EIC, not distributions from your business. If your tax software counted S-Corp distributions as earned income, that would explain the discrepancy.

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Mateo Hernandez

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This!!! I made this exact mistake a few years back. My S-Corp had profits that flowed to my personal return, but since I didn't pay myself W-2 wages, I wasn't eligible for as much EIC as I thought. Took me forever to figure out why my numbers didn't match the IRS.

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Andre Rousseau

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This thread has been incredibly helpful! I'm dealing with a similar EIC discrepancy, but mine involves rental income alongside my Schedule C business. The IRS is claiming my EIC should be $800 less than what I calculated. Reading through everyone's experiences, it sounds like the common thread is that tax software doesn't always handle the nuanced EIC calculations correctly when you have multiple income sources or business losses. The distinction between different types of self-employment income (S-Corp vs Schedule C) and how losses are applied seems to be where most of the confusion happens. Has anyone found a good resource that breaks down exactly how the IRS calculates EIC when you have both business income and losses? The IRS publications are so dense, and I'm trying to figure out if I should fight this or if they're actually right.

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