Loopholes > Federal > Credit for Special Refunds of Social Security Tax
CREDIT MEDIUM SAVINGS INDIVIDUAL

Credit for Special Refunds of Social Security Tax

IRC §31(b)

Allows a refundable credit against income tax for any excess Social Security (FICA) taxes withheld when an individual works for two or more employers and their combined wages exceed the annual Social Security wage base.

Eligibility

Applies to individuals who had multiple employers in a single calendar year and whose total combined wages exceeded the Social Security wage limit ($168,600 for 2024; $176,100 for 2025).

Frequently Asked Questions

Who is eligible for the Credit for Special Refunds of Social Security Tax?

Applies to individuals who had multiple employers in a single calendar year and whose total combined wages exceeded the Social Security wage limit ($168,600 for 2024; $176,100 for 2025).

How does the Credit for Special Refunds of Social Security Tax work?

Allows a refundable credit against income tax for any excess Social Security (FICA) taxes withheld when an individual works for two or more employers and their combined wages exceed the annual Social Security wage base.

What law authorizes the Credit for Special Refunds of Social Security Tax?

The Credit for Special Refunds of Social Security Tax is authorized under IRC §31(b) of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §31

Source: Internal Revenue Code, Title 26, United States Code

§ 31. Tax withheld on wages(a) Wage withholding for income tax purposes(1) In generalThe amount withheld as tax under chapter 24 shall be allowed to the recipient of the income as a credit against the tax imposed by this subtitle. (2) Year of creditThe amount so withheld during any calendar year shall be allowed as a credit for the taxable year beginning in such calendar year. If more than one taxable year begins in a calendar year, such amount shall be allowed as a credit for the last taxable year so beginning. (b) Credit for special refunds of social security tax(1) In generalThe Secretary may prescribe regulations providing for the crediting against the tax imposed by this subtitle of the amount determined by the taxpayer or the Secretary to be allowable under section 6413(c) as a special refund of tax imposed on wages. The amount allowed as a credit under such regulations shall, for purposes of this subtitle, be considered an amount withheld at source as tax under section 3402. (2) Year of creditAny amount to which paragraph (1) applies shall be allowed as a credit for the taxable year beginning in the calendar year during which the wages were received. If more than one taxable year begins in the calendar year, such amount shall be allowed as a credit for the last taxable year so beginning. (c) Special rule for backup withholdingAny credit allowed by subsection (a) for any amount withheld under section 3406 shall be allowed for the taxable year of the recipient of the income in which the income is received. (Aug. 16, 1954, ch. 736, 68A Stat. 12; Pub. L. 94–455, title XIX, § 1906(b)(13)(D), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97–248, title III, §§ 302(a), 308(a), Sept. 3, 1982, 96 Stat. 585, 591; Pub. L. 97–354, § 3(i)(4), Oct. 19, 1982, 96 Stat. 1691; Pub. L. 97–448, title III, § 306(b)(1), Jan. 12, 1983, 96 Stat. 2405; Pub. L. 98–67, title I, §§ 102(a), 104(d)(2), Aug. 5, 1983, 97 Stat. 369, 379; Pub. L. 98–369, div. A, title IV, § 471(c), title VII, § 714(j)(2), July 18, 1984, 98 Stat. 826, 962.)

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