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Sixth Circuit Holds SUB Payments Not Subject to FICA Taxes; Employers Should Consider Filing Refund Claims
McGuireWoods Link to more items from this source
Nov. 1, 2012

"Although a definitive ruling on this issue is probably years away, employers need to determine what potential FICA refund claims they have and what to do to protect those claims.... Before filing a refund claim, the employer must either (i) reimburse the former employee for his or her portion of the FICA tax or (ii) obtain his or her written consent to pursue a refund claim."

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