This is a multi-part message in MIME format. ---------------------- multipart/alternative attachment Answers to this and other similar questions can be obtained free on Air every Sunday morning. Starting this Sunday at 9:00 AM on 600AM in Vancouver, Fred Snyder of Cartier Partners and I will be hosting an INFOMERCIAL but LIVE talk show called "ITS YOUR MONEY" Those outside of the Lower Mainland will be able to listen on the internet at www.600AM.com ======================================================================= QUESTION: I have been working in the US for 5 years under a TN visa. My empolyer has not been withholding Social Security and Medicare. I approached them two or three time in regards to this stating that I thought they should be withholding it and they said they didn't have to. I have recently discovered that I the should have been withholding it. Who is responsible for my share of the five years worth of Social Security taxes? Since I approached them about it I don't believe I should be responsible. Thanks ================================ david ingram replies: A usual penalty for employers who fail to make payroll deductions is for the employer to have to pay both halves of the deduction. You might want to complain to the State payroll authorities. It is possible for an employee to work in the US for five years without paying FICA and medicare. However, it has to be for an employee who is transferred for a period of less than five years AND the company has to write and get written confirmation from the Social Security Administration that the specific employee is exempt from Social Security deductions. AND, in these cases, the company and employee then contribute to Canada Pension Plan in Canada. This does NOT create a Canadian Tax problem by the way. However, if you were to complain, that would put you in a negative position with the employer. You might show them this as a indicator of what should have been done. You are not alone by the way. Every year I get a dozen TN and H1B holders who have not had FICA deducted. This is serious because it will affect your retirement. David Ingram's US/Canada Services US/Canada/Mexico Tax Immigration & working Visa Specialists US / Canada Real Estate Specialists 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Calls accepted from 10 AM to 10 PM 7 days a week Res (604) 980-3578 Cell (604) 657-8451 Bus (604) 980-0321 [email protected] www.centa.com www.david-ingram.com Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader & the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent financial, or real estate planner or advisor & appropriately qualified legal practitioner, tax or immigration specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included." This from ask an income tax immigration planning and bankruptcy expert consultant guru or preparer from www.centa.com or www.jurock.com or www.featureweb.com. 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