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IRS Resources
Student Exception to FICA Tax |
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FICA (Social Security and Medicare) taxes do not apply to service performed by students employed by a school, college, or university where the student is pursuing a course of study. Whether the organization is a school, college, or university depends on the organization’s primary function. In addition, whether employees are students for this purpose requires examining the individual’s employment relationship with the employer to determine if employment or education is predominant in the relationship.
Additional information:
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Revenue Procedure 2005-11: Safe harbor standards that colleges and universities can apply in determining if an employee is eligible for the student FICA exception.
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Background Information: Background information on the final regulations and revenue procedure providing guidance on the student FICA exception (section
3121(b)(10) of the Internal Revenue Code).
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Updated: July 10, 2007
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