FICA on the tax return transcript
- Thread starter goshopbg
- Start date
DO you have W2 in your tax transcripts, there should be a "FICA withheld". On 1040, under "Other Taxes" category, you
can find Self employment tax (line 56 for year 2009 1040) and unreported socila security taxes and medicare tax (line 58 for 1040 year 2009)
FICA isn't paid to the IRS so its not surprising it isn't on the IRS transcripts.
(just like your State Income Tax isn't on the IRS transcript)
Line 58 is for your to report SS taxes if your employer does not withhold it. Your W 2 will show whether your employer did withhold it or not
But USCIS will not know by merely looking at your 1040. You can keep silent hoping they just do not ask about it. But if you are to get advice here, the advice can only be
that you shoudl truthfully answer Yes to the question "Do you over overdue taxes?". You should also answer Yes to teh question ""Have you ever commited a crime or offense
for which you have not been arrested?". Whether you will that truthful is up to you.
IO is not looking for the amount of tax you paid, they're only looking to ensure you didn't file as a non-resident and that your marital status on the N400 matches that of your tax returns. (i.e. if you're filing under the 3 yr rule and your last tax return is filed as 'single' you're going to have a problem).
So don't worry about FICA (or you may also need to worry about all the sales tax you haven't paid for your internet purchases
)agree with WBH...It is all up to you...Also if truthful, you have to answer "yes" to question: " Do you owe federal, state, or local taxes ?" My 2 cents is that if you have to time , amend/adjust your prior year returns and clear this matter before filing for citizenship or before interview...Otherwise, you are playing with fire here...Not paying FICA taxes, it is an offense. Also, likelihood is slim...it could be risk that you get audited by IRS before interview or aoth date, that could create a problem for you. Again, this is up to you.
IO is not looking for the amount of tax you paid, they're only looking to ensure you didn't file as a non-resident and that your marital status on the N400 matches that of your tax returns. (i.e. if you're filing under the 3 yr rule and your last tax return is filed as 'single' you're going to have a problem).
So don't worry about FICA (or you may also need to worry about all the sales tax you haven't paid for your internet purchases
In theory they should look into whether you paid taxes or not because N400 does ask about overdue taxes so that is a metrial fact.
But in realty, they may not care or do not bother because after all they are USCIS not IRS. Tax are too complicated even an
experienced IRS officer may not find out something is wrong by a simple review so it is not likely an USCIS offcier will easily
catch it.
I was only referring to the FICA/IRS Transcript situation. I didn't want to get into the explanation (but I guess I have to now...) that for W-2 employees, the responsible party for depositing the correct FICA amount is the Employer. So if the correct amount of FICA was not deposited, the Employer is held liable for the difference.
Not necessarily. It is mutual responsibility of both employers and employees. There was this controversy before.
Some employers do not withhoild any taxes for their employees and employers claim IRS regulation is not that clear.
If the employers do not withhold SS taxes, they must have done that for a reason. Their employees may tell them
they do not need to pay SS taxes because they are neitehr citizens nor PRs and then forgot to update when they got teh GC.
In such cases, employees should be held responsible.