Why am I paying FUTA tax on my paystub when it's supposed to be employer-only?
I'm really confused right now. I was just going through my paystubs and noticed a tax being taken out called "FUTA." I've never seen this before, so I did some googling and from what I understand, FUTA (Federal Unemployment Tax Act) is supposed to be an EMPLOYER-ONLY tax. The employer is supposed to pay this, not me as the employee! But it's definitely showing up as a deduction on my paystub. I'm not self-employed or anything - I'm a regular W-2 employee at a retail company. Has anyone else experienced this? Is my employer making a mistake by deducting this from my paycheck? And if they are doing this incorrectly, what steps should I take to address this? Should I talk to HR first or is this something I need to report somewhere? Any advice would be appreciated because I feel like I'm being charged for something I shouldn't be!
25 comments


Emma Olsen
You're absolutely right to question this. FUTA (Federal Unemployment Tax Act) is 100% an employer-paid tax and should NOT be deducted from your wages as an employee. The current FUTA tax rate is 6% on the first $7,000 of wages per employee (though employers who pay their state unemployment taxes on time may receive a credit of up to 5.4%). This looks like either a payroll system error or a misunderstanding of tax requirements by your employer. I'd recommend first bringing this to your HR or payroll department's attention. Take a copy of your paystub and politely inquire about why FUTA is being withheld from your pay when it's an employer responsibility. If they don't resolve it, you might need to contact your state's Department of Labor or even the IRS to report the issue. Make sure to document all communications in case you need to request a refund of incorrectly withheld amounts.
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Lucas Lindsey
•Thanks for confirming! How common is this kind of mistake? Also, if they've been incorrectly taking this out for months, can I get all that money back or is there some kind of time limit?
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Emma Olsen
•This mistake isn't very common because most payroll software systems are designed to handle FUTA correctly as an employer expense, but human error can occur when setting up payroll systems or when employers handle payroll manually without fully understanding tax requirements. You should be able to recover all incorrectly withheld FUTA taxes, regardless of how long it's been happening. There's no specific time limit for correcting this type of payroll error, though generally you'd want to address it within the same tax year if possible. If it spans multiple tax years, recovery becomes slightly more complicated but still possible. Make sure to request a detailed accounting of all incorrectly withheld amounts when you speak with your employer.
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Sophie Duck
After dealing with a similar situation last year, I found this amazing tool called taxr.ai (https://taxr.ai) that helped me figure out exactly what was going on with my paystubs. I had some weird deductions that didn't seem right, and I was getting nowhere with HR. I uploaded pictures of my paystubs to taxr.ai and it analyzed everything and highlighted that my employer was incorrectly deducting a business tax from my personal paycheck - similar to your FUTA situation. The site gave me a detailed explanation of what should and shouldn't be on my paystub according to federal regulations, which was super helpful when I went back to HR. They actually have specific info about employer-only taxes like FUTA and how to address incorrect withholdings.
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Austin Leonard
•Does this actually work for employment tax issues? I thought these AI tools were just for regular income tax filing help. Can it really tell me if something on my paystub is incorrect?
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Anita George
•I'm skeptical about these online tools. Did you have to pay for the service? And how did it actually help resolve things with HR - did they actually listen to what some website told you?
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Sophie Duck
•It absolutely works for employment tax issues! The tool is designed to analyze all kinds of tax documents including paystubs, and it specifically flags unusual or incorrect deductions. It can identify when employer taxes like FUTA are being incorrectly passed to employees. I was skeptical at first too. The basic analysis is actually free - they offer more detailed services if you need them, but for identifying incorrect payroll deductions like FUTA being withheld from an employee, the free analysis was enough. What made HR listen wasn't just that "some website" told me - taxr.ai provided me with specific IRS regulations and references that I could show them, which made it clear this wasn't just my opinion. Having that documentation made all the difference in getting them to take it seriously.
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Anita George
Just wanted to update everyone. I decided to try taxr.ai after posting my skeptical comment above, and I'm actually really impressed. I had a similar issue with a weird "employer contribution" being deducted from my checks. Uploaded my last three paystubs and the system immediately flagged it as incorrect. The site gave me a detailed explanation of why this deduction was improper with actual references to Department of Labor regulations. I printed this out, brought it to my HR department, and they immediately recognized their mistake. They're now working on calculating the refund for the past 6 months of incorrect deductions. For anyone facing payroll deduction issues, it's definitely worth checking out. Saved me from having to hire an employment attorney which would have cost way more than dealing with it this way.
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Abigail Spencer
If your employer doesn't fix this after you bring it to their attention, you might need to get someone from the IRS on the phone. I spent WEEKS trying to get through to someone at the IRS about a similar payroll tax issue last year. Kept getting disconnected or waiting on hold for hours. Then I found this service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent within 45 minutes. They have this system that navigates the IRS phone tree and waits on hold for you, then calls you when an agent is actually on the line. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed that FUTA should NEVER be withheld from employee wages and gave me specific instructions on how to address it with my employer and what forms they needed to correct for reimbursement.
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Logan Chiang
•How does this even work? Is this some kind of special access to the IRS that normal people don't have? I've been trying to talk to someone at the IRS for months about my tax situation.
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Isla Fischer
•This sounds like a scam. There's no way to "skip the line" with the IRS. They're notoriously understaffed and everyone has to wait. I bet this service just takes your money and then you still end up waiting just as long.
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Abigail Spencer
•It's not special access - they use technology to handle the waiting for you. Basically, they have a system that calls the IRS, navigates through all the menu options, and then waits on hold instead of you having to do it. When an actual human IRS agent picks up, their system connects the call to your phone. You're speaking with the same IRS representatives everyone else talks to, you just don't have to waste hours waiting on hold. I was skeptical too, but it actually worked. They don't promise to get you through faster than everyone else - they just handle the painful waiting part. I was able to go about my day while their system waited on hold. When my phone rang, there was an IRS agent ready to talk. Way better than listening to the hold music for 2+ hours like I had been doing before.
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Isla Fischer
I need to eat my words from my skeptical comment earlier. After struggling to get through to the IRS for THREE MORE DAYS on my own (kept getting disconnected after 1+ hour waits), I broke down and tried Claimyr. Within 37 minutes, my phone rang and I was connected with an IRS agent who helped me with my payroll tax question. The agent confirmed that FUTA is 100% an employer responsibility and gave me step-by-step instructions for handling the situation with my employer. For those wondering if it's worth it - if your time has any value at all, then absolutely yes. I wasted at least 8 hours trying to get through on my own over multiple days. Should have just used this service from the beginning.
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Miles Hammonds
I work in payroll and can tell you this is definitely a mistake. FUTA is NEVER supposed to be withheld from employee wages - it's 100% an employer cost. This is actually a pretty serious error because it means they're potentially doing this to all employees. Sometimes this happens when someone sets up the payroll system incorrectly and categorizes FUTA as an employee deduction rather than an employer liability. Bring this up to your payroll department ASAP. If they push back, ask to speak with their tax department or whoever handles their IRS compliance. If they refuse to fix it, you can file a complaint with your state's Department of Labor and the IRS. This is a clear violation of federal tax law.
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Christian Bierman
•Thanks for this insider perspective! Our company just switched to a new payroll system about 3 months ago, so maybe that's when the error started. I'm going to check my older paystubs tonight. Should I bring printed copies of the IRS regulations when I talk to HR, or is that too aggressive?
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Miles Hammonds
•I think bringing documentation is smart, not aggressive. Having something in writing helps everyone get on the same page. You can print the relevant info from the IRS website about FUTA (IRS Publication 15, Employer's Tax Guide has a section on FUTA). This way, if the HR person isn't familiar with the details, you have something concrete to show them. The timing makes sense - system transitions are exactly when these kinds of errors happen. Double-check those older paystubs because you'll want to know exactly when this started for calculating your refund. Be polite but firm that this is an employer tax that should never appear as a deduction on your paycheck. Most HR departments will appreciate being alerted to this kind of compliance issue before it becomes a bigger problem.
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Ruby Blake
Something similar happened at my company last year. Turns out our payroll provider made a system-wide error that affected about 200 employees. It took them 3 months to fix it and issue refunds to everyone. The problem is that most employees never even check their paystubs carefully enough to notice these things. You should definitely alert your coworkers to check their stubs too - if they made this mistake on yours, they probably did it on everyone's.
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Micah Franklin
•Were there any tax implications when you got the refund? Like did it count as income or did they just correct the amounts on your W-2?
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Dallas Villalobos
•@Ruby Blake When your company issued the refunds, they should have handled it as a payroll correction rather than taxable income. Typically they would either issue a corrected W-2 for the affected tax year s(or) process it as a non-taxable reimbursement since it was money that should never have been withheld in the first place. The key is making sure they document it properly - you don t'want to end up paying income tax on money that was incorrectly taken from you due to their mistake. Did your company provide any documentation explaining how they handled the tax treatment of the refunds?
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Isabella Costa
This is exactly the kind of payroll error that can go unnoticed for months if employees don't carefully review their paystubs. You're absolutely correct that FUTA should never appear as an employee deduction - it's exclusively an employer tax responsibility. I'd recommend documenting everything before you approach HR: take photos of all affected paystubs, note the exact amounts deducted, and calculate the total incorrectly withheld. When you meet with them, be prepared to explain that FUTA (Federal Unemployment Tax Act) is governed by federal law and is specifically designated as an employer-only tax. If your company uses a third-party payroll provider, this could be a configuration error that's affecting multiple employees. You might want to discreetly ask a trusted coworker to check their paystub for the same issue. Most importantly, don't let them brush this off as a "minor issue" - incorrect tax withholdings are serious compliance violations that can result in penalties for the employer if not corrected promptly. You have every right to get this fixed and receive a full refund of any incorrectly withheld amounts.
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Dmitry Ivanov
•This is really helpful advice about documenting everything first! I'm new to understanding payroll taxes and this whole situation is pretty overwhelming. Should I also keep records of my conversation with HR in case they don't handle it properly the first time? And when you mention "penalties for the employer" - does that mean they might be more motivated to fix this quickly to avoid getting in trouble with the IRS?
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Amara Okafor
•Absolutely keep records of your HR conversations! I'd recommend sending a follow-up email after any in-person meetings summarizing what was discussed and what they agreed to do - this creates a paper trail. Something like "Hi [HR person], thanks for meeting with me today about the FUTA deduction issue. Just to confirm, you mentioned you'd look into this with payroll and get back to me by [date] with a timeline for correction and refund." And yes, employers are definitely motivated to fix payroll tax errors quickly! The IRS can impose penalties on employers for incorrect tax handling, and if this is happening to multiple employees, it could trigger an audit. Plus, if employees file complaints with the Department of Labor, that creates additional regulatory scrutiny they'd rather avoid. So emphasizing that this is a compliance issue (not just a personal request) usually gets faster action.
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Yara Khoury
This is a significant payroll compliance issue that needs immediate attention. As others have confirmed, FUTA (Federal Unemployment Tax Act) is absolutely an employer-only tax - there is no scenario where this should be deducted from your paycheck as an employee. Here's what I'd recommend for your next steps: 1. **Gather evidence first** - Collect all paystubs showing this deduction and calculate the total amount incorrectly withheld 2. **Approach HR/Payroll professionally** - Present this as a compliance issue that needs correction, not just a personal complaint 3. **Reference IRS regulations** - Mention that FUTA is covered under IRC Section 3301 as an employer tax exclusively 4. **Request a timeline** - Ask for specific dates when they'll investigate, correct the error, and process your refund 5. **Document everything** - Follow up meetings with emails summarizing what was discussed If they're unresponsive or refuse to fix it, you can escalate to your state Department of Labor or file a complaint with the IRS. Most employers will want to resolve this quickly once they understand the compliance implications. The fact that this appeared after a recent payroll system change (as you mentioned in another comment) suggests this could be affecting multiple employees, which makes it even more urgent for them to address.
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Jason Brewer
•This is excellent step-by-step advice! I especially appreciate the specific IRC Section reference - having that legal backing will definitely help when I talk to HR. One question: when you mention "compliance implications," are there specific penalties or consequences that employers face for this type of error? I'm wondering if mentioning the potential severity might help motivate them to take action faster, especially since this could indeed be affecting other employees too.
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Wesley Hallow
As someone who's dealt with payroll compliance issues professionally, I can tell you that employers face several serious consequences for incorrectly withholding FUTA from employee wages: **IRS Penalties:** - Failure to deposit penalties (can range from 2% to 15% of the unpaid tax) - Trust fund recovery penalties if the IRS determines willful non-compliance - Interest charges on incorrectly handled tax amounts - Potential audit triggers that could expose other compliance issues **Department of Labor Actions:** - Wage and hour investigations - Required back-pay calculations with potential interest - Mandatory compliance reviews of entire payroll system **Legal Exposure:** - Class action potential if multiple employees are affected - State wage and hour violation penalties - Possible employee lawsuits for wage theft (since this is essentially taking money that legally belongs to employees) The key point is that FUTA errors aren't just "oops" moments - they represent fundamental misunderstanding of federal tax law. When you approach HR, you can mention that the IRS considers improper employee withholding of employer-only taxes as a serious compliance violation that requires immediate correction and documentation. Most employers will move quickly once they understand this isn't just about fixing one person's paystub - it's about avoiding potential regulatory action that could cost them far more than just issuing refunds.
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