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Sixth Circuit Splits from Federal Circuit, Decides Severance Payments Are Not Taxable as FICA Wages (PDF)
Eversheds Sutherland, via JDSupra Sept. 20, 2012 "Employers that have made severance payments meeting the requirements for [supplemental unemployment compensation, or 'SUB'] payments as set forth in Internal Revenue Code Section 3402(o) should file claims for refund for FICA taxes paid with respect to these payments. The statute of limitations for filing claims for refund for timely filed 2009 Forms 941 will expire on April 15, 2013.... Employers that have already filed claims for refund and have received a notice of disallowance from the IRS (or have signed a Form 2297) should consider filing suit as soon as possible (or, alternatively, seek the IRS's agreement to extend the statute of limitations using Form 907).... It is particularly important for taxpayers in the Sixth Circuit (Kentucky, Michigan, Ohio, and Tennessee) to preserve their rights because of the favorable decision in Quality Stores." [United States v. Quality Stores, Inc., No. 10-1563 (6th Cir. 2012)] |
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