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Do Foreign Employers with one US employee need to withhold the employer portion of FICA taxes?

I haven't been able to find a particularly clear answer to this question. If I'm a non-US employer (no physical presence in the US and the main money-making personal services are performed outside the US), do I have to withhold the employer half of US employee FICA tax for any US employees residing in the US? If I was a US-based employer the answer would of course be "yes" but I haven't seen a clear direction for non-US employers.

 

I've seen that for US employees, they are always subject to withholdings for income tax and FICA, but I can't seem to find anything about the employer half. 

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1 Reply
TomD8
Level 15

Do Foreign Employers with one US employee need to withhold the employer portion of FICA taxes?

See this IRS tax reference:

https://www.irs.gov/individuals/international-taxpayers/persons-employed-by-a-foreign-person

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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