Tax Blog

Legal updates and commentary regarding current federal and state tax issues.

Monday, 14 April 2014 11:29

NO SEVERING OF SEVERANCE PAY FROM FICA

The U.S. Supreme Court finally rendered its decision in U.S. v. Quality Stores, Inc., 572 U.S. ____ (2014), on March 25, 2014, in a closely watched tax case.  The Supreme Court reversed the Sixth Circuit Court of Appeals, and found that severance pay is to be considered wages, and therefore subject to Federal Insurance Contribution Act (“FICA”) taxes. 

This holding dashed the expectations created by the Sixth Circuit’s holding that severance pay was not subject to FICA taxes.  Many businesses had already filed refund claims based on the Sixth Circuit decision, and many more were in the process.  Those refund claims are now most likely going to be denied.

The taxpayer, Quality Stores, Inc., paid severance to hundreds of employees while undergoing Chapter 11 bankruptcy reorganization.  In its originally filed payroll tax returns, the taxpayer paid roughly $1 million of FICA tax on those severance payments.  It later sought a refund of those payments while in bankruptcy, which then placed jurisdiction with the U.S Bankruptcy Court, rather than the U.S. Tax Court.   That jurisdictional position seemed to work in the taxpayer’s favor, as the Bankruptcy Court found in favor of the taxpayer, as did the Michigan District Court on review of the decision. 

Published in AMM Blog

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