United States: Sixth Circuit Holds SUB Payments Not Subject To FICA Taxes Employers Should Consider Filing Refund Claims
In a recent decision, the Sixth Circuit Court of Appeals held that severance payments to former employees that are supplemental unemployment compensation benefits (SUBs) are not “wages” for FICA tax purposes. United States v. Quality Stores, Inc., No. 10-1563, 2012 U.S. App. LEXIS 18820 (6th Cir. Sept. 7, 2012).This decision is at odds with the Federal Circuit decision in CSX Corp. v. United States, 518 F.3d 1328 (Fed. Cir. 2008). (For our prior analysis of the […]