IRS Allows Employment Tax Offsets

- The federal Internal Revenue Service has issued an opinion from its chief counsel’s office holding that where a business was found to have misclassified its workers as independent contractors and now owed FICA employment tax on them (covering the Social Security and Medicare programs), the business could offset against that liability the self-employment taxes that its workers had paid.  (The statute of limitations for the workers to claim refunds of those taxes had expired.)

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