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12/28/99
During 1985 thur 1988, my USA employer filed W2 but failed to pay FICA and I have no benefit credit for thes high income yrs. I was working in Canada w. treaty in effect. Can I correct this or will I be liable for my portion of FICA?
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<<During 1985 thur 1988, my USA employer filed W2 but failed to pay FICA and I have no benefit credit for thes high income yrs. I was working in Canada w. treaty in effect. Can I correct this or will I be liable for my portion of FICA?>>

This is an issue between your prior employer and youself. If you prior employer doesn't want to resolve the problem (assuming there IS a problem), it may then be an issue between you and the Social Security Administration (and, potentially, the Criminal Investigation Division of the IRS).

If the employer was required to withhold FICA tax and did not, then they have a problem. So check with your prior employer and see what's up. It's certainly possible that they ARE NOT required to withhold FICA...but they should be able to tell you that and back up that statement with some sort of documentation or reference material. If they just tell you to go fly a kite, you might have to contact the folks at the SSA. Under no circumstances will YOU be "liable" for the missing FICA taxes...that's all on the employer's back.

TMF Taxes
Roy
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