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Subject:  Re: question on paying family members Date:  10/7/2004  7:43 AM
Author:  2gifts Number:  10537 of 15019

What happens if you'll top out on FICA in your regular job ?

I do top out in my regular job, so I wouldn't owe my portion of FICA on any money I earn by working for DH. But DH would still owe the employer's portion of FICA regardless of if I have topped out personally. So instead of being able to save the whole 15% of FICA as I had thought, we would only be able to save half of that, but it's still money that would stay in our pocket.

And if someone has 2 jobs for which FICA is being withheld and tops out on one job, the other job must still withhold the FICA, so you end up getting the excess back when taxes are filed. We're in that position this year as I topped out back in March because I sold some stock options, and my employer withheld FICA as is required. But then I switched jobs, so I've been paying FICA all year anythow, and will be able to claim back that excess on my taxes, but my employer's portion will remain in the system.
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