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Sponsoring a Non-Qualified Deferred Compensation Plan? Don't Forget the FICA Tax!
Boutwell Fay LLP Link to more items from this source
Dec. 1, 2017

"[It] is not unusual to find ... FICA withholding is overlooked when the contributions are from the employer.... It is better to have language in the plan that does not require you to pay the FICA taxes when the contributions vest, so that if you inadvertently fail to do so you are not in violation of the plan and potentially liable to participants for any increase in their FICA tax at distribution ... If you determine that FICA tax has not been withheld properly for previous periods, you will likely want to correct the error so that FICA will not be due on distribution."

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