FICA is the acronym for the Federal Insurance Contributions Act. This act mandates that an employer withhold a set percentage of an employee’s salary each pay period. FICA also requires that the employer match the employee’s amount and contribute the money to a government account known as the Social SecurityTrust Fund. This fund provides retirement income, as well as disability insurance, Medicare, and benefits for survivors.
FICA was the result of the Social Security Act of 1935, proposed by President Franklin D. Roosevelt. The program began collecting taxes and paying benefits in 1937. In 1939, FICA was amended to include widows and orphans of working spouses, as well as elderly people who had not paid into the system.
Originally, Social Security benefits were only available to people who were under 65 and who worked in what was considered commerce and industry. Government employees, medical personnel, lawyers, and agricultural workers were all exempt from FICA, and because they were not required to pay into the fund, they could not collect monies from it. These restrictions have been lifted, and although there are still categories of workers who can opt out of paying into FICA, no one is expressly excluded from participation.
The Social Security Trust Fund, established in 1939, is responsible for collecting the money that is raised through employer/employee contributions required by FICA. The Department of the Treasury is responsible for managing these funds and charged with investing this money in securities backed by the US government. The government is in effect loaning the money to itself, and then using it to finance other projects. The money is repaid when the bonds come due.
Only people who have paid into Social Security through FICA are eligible to receive benefits from the fund. Currently, a person can collect reduced benefits at age 62. Distribution of full benefits is determined by an individual’s birth year. People who were born before 1938 were able to collect full benefits at 65. For those born between 1938 and 1943, the age increases at a rate of two months per year up to the age of 66 for those born in 1943. Retirement age remains 66 for everyone born between 1943 and 1954, and then increases again, up to 67 for those born in 1960 and after.
Originally, Social Security benefits were not taxable. However, in 1983, Congress passed amendments to the Social Security Act that would consider 50% of benefits to be taxable income for beneficiaries with a total income that exceeded an established limit. This amount was increased to 85% in 1993.
Is fica based on Gross Earnings or Taxable gross earnings. My taxable earnings is after my insurance deductions.
- anon44761
31
Pelanie, in repsonse to your reply you stated "Each company that you work for is required, by law, to withhold applicable FICA taxes from your pay". Can you tell me what year that law went into affect.
- anon44489
30
I'm 48 years old and have been working since age 13 consistently. Up to age 18, OASID was deducted from my pay checks. Thereafter, FICA along with Medicare, Social Security, Federal and State taxes are being taken out. What happen to OASID and is my employer taking out too much? How do I calculate my tax rate from all these taxes?
- anon44217
29
Can your employer list their FICA contribution as one of your benefits?
- anon44004
28
My employer lists FICA as a "benefit" (i.e. benefits are FICA, medical insurance, parking, etc.). Since the employer's portion of FICA is a required tax, can it be considered a benefit?
- anon44002
27
I was recently dismissed from my job. I received my last pay check that reflected a large amount of fica taken out. The company still owes me a severance pay which will be paid bi-weekly. Does the company still have a duty to take out fica if i am only getting my severance money?
- anon41673
25
my wife just started a new job on an indian reservation. Her employer has not taken out FICA tax from her first checks. We are concerned about this. will we have to pay more at the end of the year? and isn't the company supposed to have FICA taken out?
- anon40723
24
Is FICA federal income tax withheld or is it just social security/medicare payments withheld? My husband's new job I show is only deducting FICA, Medicare & state. I do not show Federal is FICA federal? Please help. I'm completely confused.
- anon38747
23
My employer continued to pay my wages while I was off work (maternity leave) with the agreement that I would reimburse them by repaying the amount of the benefit that I received from my voluntary short term disability insurance (of which I pay the premiums for - after taxes). I received a check from the insurance co for the 5 weeks of disability less FICA. I reimbursed my employer the *net* amount of my benefit check; however, now they are telling me that I should reimburse them for the *gross* amount since they already paid the FICA on my behalf. Does this make sense?
- azchica
22
Hello Anon225
Each company that you work for is required, by law, to withhold applicable FICA taxes from your pay. Unlike Federal and State taxes, in which you can claim "exempt" from paying on your paycheck, FICA tax is "mandatory". It doesn't matter how many jobs you have held in one year and how much you have earned from each place of business. Each company you work for is required by law to withhold Social Security taxes(The maximum taxable amount per job in 2009 is $106,800.00)at a rate of 6.2%! Medicare tax, which is 1.45%, is indefinite, meaning there is no limit set for the deduction to end within a given year. The *only* thing you can do is claim it on your taxes to get the money back in the following year. I know the system sux in a way, but payroll professionals must(I'm a payroll professional myself) follow the laws that are set fourth in this country when it comes to deducting FICA taxes from each and every employee.
Hope this helps.
- pelaine
21
I am a contracted full time employee for a company in NY,(I reside in Fl.). My employer deducted NY State taxes on my w-2, did not make FICA deductions/payments hasn't paid my expenses for the tune of over 32K and as I have not worked in 38 days due to a work related injury now will not disclose worker's comp. policy.
I feel they don't have worker's comp ins. and are just jerking me around. As for the FICA they calculated the money and want me to pay them in full. I do not have the money and they threaten to garnish my paycheck.
I have filed with the IRS and my acct. said that I will definitely be visited for audit purposes on my taxes for the next few years. I needed a corrected w-2 to correct my taxes but they are stalling.
Any suggestions? thanks
- sabi1
20
how much is the FICA % ?
- anon22484
19
Im considered a born abroad american, by virtue of being born in Montreal, w/a Canadian mother, & american father, who because they married after my birth, had to legally adopt me. when I turned 62, & filed for my ss benefits, after working & paying into the system for 35 years, Social Sec. office made me prove my citizenship (via father), with endless documents, & an immigration fee of over $800. Since my father was deceased, I was lucky my sister & step mother had lots of documents re: my fathers life, service records, etc. If I couldnt have produced the right docs, Id have been denied my SS $ ..from a system I paid into for 35 years! so, if your father was american, & you were born abroad,,watch out! get your docs together now...dont wait for a parent to pass....I tell everyone this story in hopes it will help someone else. No one told me I would have to do this before I filed!!! certainly not Social Security!
- anon21378
18
I had to have surgery 2 times for a job related injury. During that time I paid FICA taxes on my salary...was that correct? I did not use my personal sick time and workers comp for the school district paid my medical bills. I have been told that I should not have paid into FICA taxes while out on a line of work injury. If this is so, how would I go about, if possible, to get a refund?
- bobkat0142
17
So I may be confused. I am a full time student so i can only reasonably work a part time job which entitles me to no benefits. I am no longer on my parents insurance so i have no insurance because i can not afford it. If i were to get cancer or some debilitating disease would i be covered by the FICA that I have been paying into for the past 7 years?
- anon18600
Editor's reply: It is difficult to get health insurance when you're too old to be on your parents' coverage, and haven't graduated college yet. I would suggest contacting your college's health center or student services department and inquire about student health insurance which covers you in the event of accident or major illness. Student insurance is typically fairly affordable and can be paid with financial aid. Another suggestion is to contact your auto insurance agent and see if he or she sells short term health insurance. You can usually get this type of insurance for a couple of years, and it is very affordable. Check out our article, What is Short-Term Health Insurance? for more information. Good luck!
16
anon 225 - All employers have to take out FICA. When tax time comes, you claim the excess withholding as a credit on the back of the 1040 in the Tax Credits section. Instructions with the 1040 are actually very good on this one.
- anon17140
15
hiddenfood: i'd go on the irs website and run a search for "Aliens Employed in the U.S. – Social Security Taxes." it lists all the different visas that are excluded from social security taxes in the U.S.
- EQoverIQ
14
I am a foreign student who attended the "summer work & travel program in billings, MT, US. I will just stay in US for about 2 month, now i'm doing some housekeeping work in a inn. I wonder if I need to pay the FICA tax too? because some other students who attended the same program as me dont. Whats more, I definitely will not receive the benefit of this. looking forward to your answer. Thanks alot!
- hiddenfood
13
In my current job I receive a bonus, which is calculated by taking 2 times my salary and 2 times my benefits and I receive a percentage of money over that amount. My employer is counting their FICA contribution as a "benefit" and multiplying that amount by 2. In essence, I am paying my employer back twice for their FICA contribution. Is this legal? Thanks!
- anon15074
11
No that is not legal. Your employer should be withholding 6.2% for social security and 1.49% for Medicare. Then they need pay matching amounts to total 15.3%. And they should do that after reporting your income. To report tax fraud to the IRS fill out Form 3949-A available on irs.gov and mail it to Internal Revenue Service
Fresno, CA 93888.
- lbell
10
My employer currently takes out what they (as employers) are being charged for FICA. They take this percentage out before reporting our income to payroll. Is this legal and/or ethical? It seems they are getting away without paying employer taxes while we (as employees) are being unfairly taxed. Suggestions?
- anon12019
9
Your current employer should make adjustments to the amount of Social Security tax they withhold. If they don't you can submit Form 843 (available at the IRS's website) to get a refund. You can't claim it as a credit on your income tax though.
The company that you worked for, for 8 years is liable to pay the FICA taxes that they should have all those years. They can ask you to pay your half that they did not withhold, but technically you don't have to. In order to make them pay you will probably have to get a lawyer.
If you are self employed or have a small business you will have to pay FICA taxes. It is called self employment tax. There is an article on this website about it.
You still have to pay FICA taxes even if you are currently collecting social security benefits.
I don't know of any way to get any type of refund for FICA taxes for a deceased relative. You can get survivor benefits if you are the dependent or spouse of the deceased person.
I could not agree more with the statement that we are being taxed too much. I do not enjoy paying for all the people who don't feel like working. And I don't like how the government seems to waste money on useless things.
- lbell
8
I feel that it is a shame that we as working Americans are being taxed for everything that we do. They claim that the economy is failing, but as a government you are making it so by taking the hard earned earnings from the people to pay for them to retire or not to be able to retire on the money that we contribute during our lifetime of working. We are taxed to put into these funds and also taxed to get any of it back.
That is a double, no triple standard because even at the end of the tax year we are taxed again on the earnings that we have made and paid during the year.
So why is it that we as people are being charged for everything that we do?
- cpowell
7
I recently heard a financial expert on a television show say that if an individual dies before they are able to receive the FICA related benefits, for which they had funds taken out of their paycheck for while they were alive they, their heirs could apply to receive a refund of sorts for their deceased relative's contributions. Is this accurate?
- anon6890
6
I was born in 1980, so I'm pretty much guaranteed to die before I ever see a penny of Social Security. I thought retirement was for relaxing after many years of hard work and dedication to the future economic success of our nation. With the increasing age requirements, I will only be able to use social security to pay for my funeral. Not only did I serve in the U.S. Navy, but the government takes a LARGE percent of my pay every day. I'm starting to feel that the costs outweigh the benefits. They should decrease the age requirement so that people will be able to enjoy retirement.
- anon6448
5
I have a day job which my company had take out FICA tax in every pay check. I am thinking about have a business on the side or do a day trade on stock or trade on forex exchange.....Do I have to pay more on FICA...seperate from my day job? What is the rule on these matters? Vat Thongsiri
- anon5266
4
The money you are getting now is SURELY more than you have contributed (or has the potential to surpass that amount) You absolutely should contribute. Uncle Sam had no business getting into retirement in the first place, and now that they did, of course it is set on a disastrous course. By the time the consequences hit, you'll be gone and others will be left holding the bag. Do the right thing.
- anon3930
3
I am 75 years young and have been receiving social security since the age of 62. i am now considering taking a part time retail position. Can I justifiably request that FICA be NOT TAKEN OUT?
- anon3889
2
I worked for a company for 10 years. Unknown to me, they did not take out FICA taxes for 8 of those years, when questioned in latter years they alluded that we were independent contractors. We were NOT independent contractors and never hired as such! The work was done daily at their office using their equipment, time cards/clocks, etc. and we were referred to as full time employees. We had no knowledge of the consequences of the company's actions. How can we recoup our monies rightly earned through Social Security retirement benefits and make the employer accountable?!
- anon3090
1
I am receiving severance from previous employer, and will max out my contribution when I receive it. I contacted my new employer in an effort to get them to NOT take out FICA, but they told me they HAD to. Thus, I will be paying too much. How do I resolve this now, or do I have to wait for a refund next year?