Is severance pay in FICA taxable?

Asked by: Madisen Dietrich  |  Last update: April 30, 2025
Score: 4.9/5 (53 votes)

Earlier this week, the U.S. Supreme Court held unanimously in favor of the IRS, ruling in United States v. Quality Stores, Inc. that severance payments are generally subject to Federal Insurance Contributions Act (FICA) taxes, which are comprised of Social Security and Medicare taxes.

Is severance pay subject to FICA tax?

Severance Payments Are Wages, Subject to Regular FICA Taxes

Quality Stores, Inc., et al., 134 S. Ct. 1395 (2014)). In addition, severance payments are classified as "supplemental wages" for income tax purposes.

Which payments are not taxable for FICA?

Payments not subject to FICA taxes
  • Wages paid after the worker's death.
  • Wages paid to a disabled worker after becoming eligible for Social Security disability insurance benefits.
  • Employee expense reimbursements within the specific government rate for per diems or standard mileage.
  • Children under 18 employed by a parent.

What wages are exempt from FICA tax?

Employment as a physician, au pair, or summer camp worker. J-1 Scholars, Teachers, Researchers, Trainees and Physicians and other non-students in J-1 status are considered nonresident for tax purposes and exempt from FICA taxes for the first two calendar years of their presence in the USA.

Is question content area severance pay considered taxable wages under FICA?

Previously, severance pay was considered a gray area with regard to taxes. As a result of the U.S. Supreme Court ruling in the case of U.S. vs. Quality Stores Inc., severance pay is now taxable under FICA.

How Severance Pay is Taxed

28 related questions found

What is considered taxable wages under FICA?

FICA taxes only apply to earned income, including salaries, wages, bonuses, tips, commissions and taxable fringe benefits. Federal income tax applies to earned and unearned income, which includes taxable interest, ordinary dividends and capital gain distributions.

Is a severance package considered wages?

In California, severance pay is not considered wages, so it is taxed at a higher rate. The worker may need both to make up for a loss in income, as well as the relatively low amount unemployment insurance pays compared to regular payroll.

What employee benefits are not subject to FICA?

Health plans

If an employer pays the cost of an accident or health insurance plan for his/her employees (including an employee's spouse and dependents), then the employer's payments are not wages and are not subject to social security, Medicare, and FUTA taxes, or federal income tax withholding.

What wages are not subject to social security tax?

The types of earnings (or compensation payments) that are excluded from Social Security wages include: Tips (if they total less than $20 per month) Reimbursed business travel expenses. Employer-paid health or accident insurance premiums.

Which taxes are withheld under FICA?

Key Takeaways. FICA stands for the Federal Insurance Contributions Act and requires employers to withhold three separate taxes from an employee's gross earnings: 6.2% Social Security tax, 1.45% Medicare tax, and 0.9% Medicare surtax.

How to avoid tax on severance pay?

Utilize Retirement Contributions

Contributing a portion of the severance pay to a retirement account such as a 401(k) or an IRA can defer taxes. Contributions to these accounts are often tax-deferred, meaning the income is not taxed until it is withdrawn.

What income is not federally taxable?

Unemployment compensation generally is taxable. Inheritances, gifts, cash rebates, alimony payments (for divorce decrees finalized after 2018), child support payments, most healthcare benefits, welfare payments, and money that is reimbursed from qualifying adoptions are deemed nontaxable by the IRS.

How to calculate severance pay after taxes?

Calculate Federal Income Tax: Multiply your severance pay by the percentage of your tax bracket. For example, if your severance pay is $30,000 and you're in the 22% tax bracket, your federal income tax would be $6,600.

Is severance pay considered earned income for Social Security?

Wages are the same for SSI purposes as for the social security retirement program's earnings test. ( See § 404.429(c) of this chapter.) Wages include salaries, commissions, bonuses, severance pay, and any other special payments received because of your employment.

What type of tax is severance tax?

Severance tax is a state tax imposed on the extraction of non-renewable natural resources that are intended for consumption in other states. These natural resources include such as crude oil, condensate and natural gas, coalbed methane, timber, uranium, and carbon dioxide.

What is the rule of 70 severance?

5) What is the Rule of 70 for severance? In the United States, the "Rule of 70" for severance is a simple way to determine if an employee is eligible for retirement-related. If the sum of the employee's years of service and age is 70 or more, you can combine retirement benefits as severance pay.

What income is exempt from Social Security tax?

High-income employees are not technically exempt from Social Security taxes, but part of their income is. In 2024, every dollar of taxable income someone makes above $168,600 (up from $160,200 in 2023) will effectively be exempt from Social Security taxes.

Who is exempt from FICA taxes?

International students, scholars, professors, teachers, trainees, researchers, physicians, au pairs, summer camp workers, and other aliens temporarily present in the United States in F-1,J-1,M-1, or Q-1/Q-2 nonimmigrant status are exempt from FICA taxes on wages as long as such services are allowed by USCIS.

Is FICA the same as Social Security tax?

Taxes under the Federal Insurance Contributions Act (FICA) are composed of the old-age, survivors, and disability insurance taxes, also known as Social Security taxes, and the hospital insurance taxes, also known as Medicare taxes.

What benefits are never exempt from FICA taxes?

Adoption assistance benefits are never exempt from FICA (Federal Insurance Contributions Act) taxes. FICA taxes include Social Security and Medicare taxes, which are mandatory for both employers and employees.

Is all of your employment income subject to the FICA tax?

The FICA tax rate is applied to all taxable compensation. This includes salary, wages, tips, bonuses, commissions, and taxable fringe benefits. IRS Publication 15-B has a chart of various fringe benefits that are subject to FICA and those that are exempt (see Table 2-1).

Do employer paid benefits count as income?

An employee benefit is any benefit provided or paid by the employer for the benefit of the employee or the employee's family. Benefits are generally included in the employee's wage for tax purposes, except those benefits that qualify for exclusion.

Is severance pay considered wages IRS?

As a general rule, dismissal pay, severance pay, or other payments for involuntary termination of employment are wages for federal employment tax purposes.

What is the rule of thumb for severance pay?

Key Takeaways. Most states classify you as an at-will employee, meaning your boss can fire you without reason and not be on the hook for any severance pay. The rule of thumb that applies to severance packages—two weeks' pay for every year of employment—turns out to be a rough average.

Is it better to have severance paid in a lump sum?

One of the biggest advantages of a lump sum severance package is that you receive all the money upfront. This can provide financial security during the transition period between jobs. You can do what you want with the money, including investing it or paying off debts.