Do I owe employer or IRS once I receive my W2-C from employer

[Zyder21]

Hello,

My Employer was supposed to deduct FICA but they did not. I have filed my taxes. Now They are going to send the W2-C to me and according to that, I would have a FICA tax amount required to be paid. I would file an amendment once I receive the W2-C. I have a question, would I be owning that money to my employer or to IRS? 

Note: I do not work for that employer anymore.

[Mike9241]

if you owe anyone it would be your employer.   besides filing the w-2C (and a w-3c) with the Social Sec Adm (they, not the IRS get the w-2 filings and then transmit the info to the IRS).  your share of the FICA taxes should have been deducted from each paycheck.  if they were then you owe no one anything you've already paid. just the w-2 was messed up

[Zyder21]

Hello Mike,

Thanks for the answer. The previous employer did not withhold my FICA taxes ( it was an error on their end). The W2 they have given also shows none. Now they will issue a W2-C Corrected Wage and Tax Statement to show the withheld FICA tax and asked me to pay them the FICA amount I was supposed to. 

The confusion here is If I pay the employer now and then use the W2-C ( corrected) to file an amendment, I might need to pay the FICA to the Social Sec Adm?

[JillS56]

Do you have a copy of your paycheck stubs?   Does it show that social security and medicare taxes were withheld from your wages?   If so, you do not owe anyone any money.   The W-2s issued just had errors in them.   If you have already filed your taxes and you get a W-2c, just put the W-2c with your tax return and you do not have to do anything.   The social security and medicare tax does not affect your federal or state tax return.  There would be no need to amend because the social security and medicare tax is not reported anywhere on the return.  Filing an amendment will not affect the outcome of your tax return.

On the other hand, if you have not yet filed and received the W-2c, enter the corrected information into TurboTax and complete your return.   

[Zyder21]

Thanks for your response. 

The SSN and Medicare were not deducted at all. I have confirmed that with the paystubs as well. The employer misunderstood my visa status and did not deduct FICA. So the paystubs and W2 both do not show FICA withholding. 

I have filed my taxes and have yet to receive a W2-C from my employer. In this case, these are the steps I would be doing:

1. I should just pay the employer the amount of FICA I should have paid when I receive my corrected W2( W2-c)?

2. While filing the amendment with W2-C I should not pay anything since I would have already paid the employer( as said in the above point)?

[Vanessa A]

If your employer did not withhold for you, they will be subject to late payment penalties. But, yes, this would be the easiest way for you to resolve the lack of Social Security and Medicare Tax Withholdings. 

You would not need to amend your return for FICA taxes unless you filed as self-employed and paid self-employment taxes as it will not affect anything.