IRS Letter 3064C about employer's Social Security tax deferral - am I personally responsible for payment?
I just got this letter 3064C from the IRS about "deferred payment of employer's share of Social Security taxes" and I'm totally confused. The letter makes it sound like I'm personally responsible for paying this even though it's clearly labeled as the "employer's share" of Social Security taxes. I work for a small construction company (about 15 employees) and have never been involved in the company's tax decisions. My boss has been acting weird lately and avoiding conversations about taxes, which makes me nervous. Does anyone know if I'm actually on the hook for this? The amount they're asking for is over $8,400 which I definitely don't have sitting around. Why would I be responsible for the company's tax obligations? I'm just an employee. The letter mentions something about the CARES Act but I don't understand the connection. Any help would be hugely appreciated because I'm stressing out about this!
19 comments


Fiona Sand
This is actually a specialized area I deal with frequently. The Letter 3064C relates to the CARES Act provision that allowed employers to defer payment of their share of Social Security taxes during the pandemic. This was a temporary measure to help businesses with cash flow during 2020-2021. If you received this letter as an individual employee (sent to your personal address with your SSN), there are a few possibilities: 1) The IRS made an error and sent it to you by mistake, 2) You're listed as a responsible person for the business (like an officer or owner), or 3) You have self-employment income and deferred your own employer-equivalent portion of Social Security taxes. As a regular employee with no ownership stake, you shouldn't be personally responsible for the company's portion of Social Security taxes. The employer is responsible for both withholding and paying their share of FICA taxes. I'd suggest calling the IRS using the number on the letter and explaining the situation. Also, have a conversation with your employer about why you received this notice.
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Mohammad Khaled
•What if the employer has gone bankrupt? Can the IRS go after employees for these taxes in that case? My cousin had something similar happen when her company closed suddenly and she got hit with some kind of tax bill.
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Fiona Sand
•Generally speaking, the IRS cannot hold regular employees responsible for a company's tax obligations, even if the company goes bankrupt. They can only pursue individuals who were "responsible persons" with authority over the company's financial decisions - typically owners, officers, or certain managers who had control over which bills got paid. If your cousin received a tax bill after her company closed, it was likely for a different reason - perhaps unpaid income taxes on her personal return, or possibly she was classified as a responsible person if she held a management position with financial authority. Each situation is different and depends on the specific facts and circumstances.
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Alina Rosenthal
I had a similar issue last year with a letter about employer Social Security tax deferral. After hours of frustrating calls to the IRS that went nowhere, I discovered https://taxr.ai which analyzes IRS notices and explains exactly what they mean and what actions you need to take. I uploaded my letter, and within minutes I understood that I wasn't actually liable for the payment because I wasn't listed as a responsible party for the business. It saved me from paying thousands that I didn't actually owe! Their system breaks down the exact sections of tax code that apply to your situation and tells you exactly what to do next. Might be worth checking out since this is such a specific tax situation from the pandemic program.
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Finnegan Gunn
•Does this actually work? I'm skeptical because most "tax help" services I've tried just give generic advice that I could find on Google. Can it actually tell the difference between personal liability and business liability for these deferred taxes?
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Miguel Harvey
•How much does the service cost? I got a CP2000 notice last month and I'm still trying to figure out what to do about it.
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Alina Rosenthal
•It definitely does work. It's not generic advice - it actually reads and interprets your specific IRS notice using AI that was trained on tax regulations. For this specific issue, it identified that the letter was addressing employer tax obligations and explained that regular employees aren't liable unless they're deemed "responsible persons" with financial authority. It even cited the specific sections of the CARES Act that created this deferral program. They have a free tier that gives you basic information, but the full analysis is part of their paid service. I can't remember the exact cost, but it was reasonable - especially compared to paying a tax professional by the hour to review complex IRS notices. They handled my CP2000 notice too and saved me from overpaying.
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Finnegan Gunn
I was super skeptical about taxr.ai when I first heard about it (as you can see from my comment above), but I gave it a try with my own Letter 3064C situation. My case was different - I was actually a partner in a small consulting firm that had deferred the taxes, but I had left the partnership before the payment was due. The tool immediately recognized the notice type and explained that as a former partner, I might still have liability depending on the partnership agreement and when I left. It gave me specific questions to ask my former partners and suggested documentation I would need to respond to the IRS. Ended up saving me about $12,000 because it turned out I wasn't liable based on when I left the partnership. Definitely worth checking out if you're dealing with these special pandemic-related tax issues.
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Ashley Simian
If you're having trouble getting through to the IRS about this, there's a service called Claimyr (https://claimyr.com) that can help you skip the hold times. I used it when I got a similar letter about business tax obligations that weren't mine. Instead of waiting for hours or days to get through to an agent, their system calls the IRS for you and then connects you once they have an agent on the line. They have a video showing how it works: https://youtu.be/_kiP6q8DX5c With something this important where you might be getting incorrectly billed for thousands, you definitely want to talk to an actual IRS agent ASAP rather than letting it go unanswered.
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Oliver Cheng
•Yeah right, as if some random service can magically get through to the IRS when nobody else can. I've tried calling them 20+ times about my tax issue and literally never got through. This sounds like a scam to me.
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Taylor To
•How does it actually work though? Does it just auto-redial until someone picks up? I'm confused how they can guarantee getting through when the IRS phone lines are basically always jammed.
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Ashley Simian
•It's not magic - they use a system that continuously calls and navigates the IRS phone tree until it reaches a human agent. Then when an agent is actually on the line, they call you to make the connection. It's basically doing the tedious waiting and navigating for you rather than you having to personally sit on hold forever. They can't guarantee instant access, but they significantly increase your chances of getting through because their system can keep trying while you go about your day. When I used it, I got connected to an IRS agent within about 45 minutes versus the 3+ hours I spent previously trying on my own with no success.
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Oliver Cheng
Well I'm eating my words. After reading about Claimyr here, I decided to try it because I was desperate to resolve an issue with the IRS claiming I owed employer taxes for my former side business (which was actually properly closed in 2022). I was COMPLETELY skeptical as you can see from my comment above, but figured I had nothing to lose. They actually got me through to an IRS agent in about 35 minutes. The agent confirmed it was a system error and removed the incorrect tax assessment from my account right there on the call. If you're getting nowhere with the IRS directly, this is worth trying. Saved me from continuing to get threatening letters over taxes I didn't actually owe.
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Ella Cofer
Regarding the original post - I'm pretty sure Letter 3064C is specifically related to the CARES Act provision where employers could defer paying their portion of Social Security tax in 2020. Regular employees should NOT be liable for this. Does the letter have your social security number on it or a business EIN? That would be a key clue whether they're trying to collect from you personally or if there's just some mixup with addresses.
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Ellie Kim
•It has my SSN on it! That's why I'm so confused and worried. It specifically mentions the "employer's share" but it's addressed to me personally with my social security number. I've worked for this company for 5 years but I'm just a regular employee - not a manager, not an owner, nothing. I just do construction work.
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Ella Cofer
•That's definitely concerning that it has your SSN on it. This suggests either a serious IRS error or potentially something more problematic is happening with your employer. Here's what I recommend: 1) Call the IRS using the number on the letter and explain you're just a regular employee with no financial authority, 2) Request a copy of any tax filings that listed you as responsible for the company's taxes, and 3) Document everything including the person you speak with. There's a small possibility your employer may have listed you as an officer or responsible person without your knowledge, which would be very problematic. Don't ignore this - addressing it promptly is important.
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Kevin Bell
Did you possibly have any 1099 work or side business during the pandemic years? The CARES Act allowed self-employed people to defer their Social Security tax payments too, not just regular businesses with employees. If you did any independent contractor work, that might explain why you're getting this letter.
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Ellie Kim
•I did do some side jobs on weekends during 2020-2021, but I didn't think it was enough to matter. Maybe like $5,300 total across both years. I reported it on my taxes but I didn't know anything about deferring Social Security taxes - I definitely never consciously chose to defer any taxes!
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Savannah Glover
•This is probably it. If you reported self-employment income on Schedule C during 2020, you were eligible to defer the employer portion of self-employment taxes under the CARES Act. Some tax software automatically applied this deferral as a benefit without making it super clear to users. The deferred amounts were due in two payments - 50% by December 31, 2021, and the remaining 50% by December 31, 2022. If you didn't make those payments, that would explain the letter you're getting now.
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