Exempt from FICA due to disability?

Mar 14, 2005 2 Replies
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I am a police officer in NYS and was out of work for the entire year of 2004 due to work-related injury. During that time, and continuing now, I received my full salary due to a law (NYS G.M.L. 207-c) which requires my employer to continue my full salary while out on a job-related disability. I have only recently change my W-4 to 'Exempt'.



I am in the process of requesting a refund for the Federal and State taxes that were withheld for 2004. Is there a way for me to also recover the FICA and/or MEDC taxes that were withheld?




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D

No. Only your employer has standing to ask for a refund of FICA.

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G

To answer your question - no, you cannot recover the FICA. Now I have a question - what makes you think you are Exempt from income tax? You may well be, but then again, depending on the facts and circumstances you may not be exempt. It would be good for you to make sure you are exempt before making any changes to your W-4 or requesting a refund of all of your taxes. Gene E. Utterback, EA

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