APA Fights Proposed Regulations to Retroactively Include Students Under FICA Comments and testimony urge use of "facts and circumstances" over any single criterion
Individuals who are simultaneously students and employees of a school, college, or university are generally exempt from Social Security and Medicare taxes, collectively referred to as FICA (Federal Insurance Contributions Act). However, IRS' recently proposed rules would severely narrow the exemption, causing many more students to pay FICA tax and requiring their employers to match it, but, even worse, it would make the FICA tax on these employees retroactive to February 25, 2004.
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