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Severance pay FICA Refunds

Help - There has been quite a bit of publicity lately about the Quality Stores FICA case, where employers can get a refund for FICA payed on severance pay. (If you haven't heard, Google 'FICA severance Quality' and you'll see). There is a lot of advise on how a company should file for a protective claim, but it appears my former employer won't be doing it. Can some one tell me what form I submit as a individual to put in for a protective claim? Please hurry - it's due the 15th!

Reply to
Drew27410
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In all honesty you are probably wasting your time. The original decision in Quality Stores was based heavily on the CSX decision. This was eventually reversed by the Circuit Court of Appeals for the Federal District and all refund claims being held in abeyance by the IRS were rejected after the appellate decision. It is highly likely that this decision will be reversed by the Sixth Circuit. In the interim, the decision by the U.S. District Court for the Western District of Michigan only affects Michigan. Even if the Sixth Circuit affirms that would only affect the Sixth Circuit. All that being said, refunds for FICA are filed by individuals using Form 843.

Reply to
Alan

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