jsanders wrote:
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The current FICA rate is 7.65%. Employers MATCH this when they pay taxes.
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Edwin D. Lee was a farmer and a carpenter, and a member of the Old Order Amish. This Amish Order follows the dictates of the Bible, where it is said: "But if anyone does not make provision for his relations, and especially for members of his own household, he has denied the faith and is worse than an unbeliever." -- 1 Timothy 5:8
Mr. Lee, in the course of his business, employed other members of this Amish Order. In 1978, the Internal Revenue Service assessed Mr. Lee "in excess of $27,000 for unpaid employment taxes". It was noted in the 1982 United States Supreme Court case of US v Lee: "The Social Security Act and its subsequent amendments provide a system of old-age and unemployment benefits. 26 USC § 3101 et seq. (1976 ed and Supp III)... These benefits are supported by various taxes, including, relevant to this appeal, the Federal Insurance Contributions Act (FICA) and the Federal Unemployment Tax Act (FUTA) taxes. FICA is a tax paid in part by employees through withholding, 26 USC § 3101..., and in part by employers through an excise tax. 26 USC § 3111... FUTA is an excise tax imposed only on employers. 26 USC § 3301... Both taxes are based on the wages paid to employees, and the recordkeeping and transmittal of funds are obligations of the employer. Only FICA is collected from self-employed individuals. In this case appellee failed to pay the employer's portion of FICA and FUTA taxes and failed to withhold his employee's contributions to FICA. An employer is liable for payment of the employee's share of FICA whether or not he withholds the required amount of the employee's contribution. 26 USC § 3102(b)..."
Barbara Armstrong, writing for the California Law Review, noted that the employer was "authorized" by the social security act to collect the employees portion of the total tax from his wages.
So, the tax is an excise tax, laid upon the employer, and the employer is responsible for the payment of the full amount of the tax.