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IRS Office of Chief Counsel Advice Letter 0210014, FICA taxation of State Section 403(b) Plan (PDF)
Internal Revenue Service [IRS]Link to more items from this source
Apr. 13, 2002
/IRS says contributions to a 403(b) contract made pursuant to a one-time irrevocable agreement between an employer and an employee are treated as made pursuant to a 'salary reduction agreement,' and therefore as subject to Social Security taxes under Internal Revenue Code section 3121(v). This holding would apply to tax-exempt organizations that maintain 403(b) programs, as well as to public schools and universities in situations in which the employer is subject to Social Security.

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