Payroll & Employment TaxAnswered

If wages are treaty-exempt for income tax, can payroll still have to withhold FICA?

I7
ishaan_7b7bsubscriber
September 21, 2025 1,742 views 1 answer
payrollficatax-treatywagesforeign-foundertotalization

One of our advisers says a treaty may reduce or eliminate income-tax withholding on a founder's compensation, but our payroll provider is still talking about Social Security and Medicare taxes as though they are separate. That confused me because I had assumed treaty relief would simplify the whole payroll picture, not just one slice of it.

Before we finalize the compensation structure, I want to know whether it is normal for a wage payment to be treaty-sensitive for income tax but still potentially subject to FICA unless a different exception, such as totalization or another payroll rule, applies.

Related Questions

PayrollAnswered

My H-1B wages may be treaty-exempt for income tax. Can payroll still have to withhold FICA anyway?

The treaty conversation is making everyone think the wage file is either fully exempt or fully taxable, but payroll seems to be a different system with its own rules. I am on H-1B, and I do not want t...

P3
pranav_3288·Oct 27, 2025
1,7901
PayrollAnswered

Everyone keeps mentioning totalization agreements when payroll crosses borders. What file should we actually maintain if we think one applies?

Our founder is from Germany and now works partly in the United States for the company. Several advisers have mentioned a possible totalization agreement angle for Social Security coverage, but so far ...

H0
helena_0fb1·Sep 18, 2025
1,6461
PayrollAnswered

My spouse is on J-2 and payroll said J visas are exempt from FICA. Is that actually true for a J-2 spouse?

The payroll team seems to be treating every J visa as though it falls under one tax rule, but the IRS pages I found suggest spouses and dependents can be treated differently from the main J-1 scholar ...

MD
mona_db89·Oct 25, 2025
1,7641
PayrollAnswered

If a founder ends up working in the U.S. on H-1B status, does FICA usually apply from day one?

I know the company will need immigration counsel separately, but on the tax side I am trying to understand the payroll basics before compensation starts. I have read that some categories of foreign pr...

R7
ritu_7cc6·Sep 19, 2025
1,7181
PayrollAnswered

Can a foreign employer really owe U.S. Social Security and Medicare withholding for work performed in the States?

I always thought Social Security and Medicare withholding was mostly a domestic-employer issue, so I was surprised to read that a foreign employer can still have U.S. payroll obligations when services...

TU
tarek_us_2b50·Sep 17, 2025
1,7601
PayrollAnswered

I am on F-1 OPT and my employer withheld FICA, but I have been in the U.S. fewer than five calendar years. Is that likely wrong?

I am an engineer from India working on OPT after graduating, and payroll withheld Social Security and Medicare taxes from the first paycheck. That might be correct, but after reading the IRS foreign-s...

AE
arjun_e997·Oct 24, 2025
2,3311
PayrollAnswered

If I put myself on U.S. payroll while living part of the year in the States, does FICA usually apply?

I am a founder from South Africa and my LLC is considering putting me on payroll because I now spend meaningful time working from the United States. My instinct was that being foreign might keep payro...

DU
dylan_us_b0d5·Sep 14, 2025
2,0361
PayrollAnswered

Our nonresident employee got both a W-2 and a 1042-S. Did payroll mess up?

At first glance it looked like obvious duplication, but the payroll team says both forms can exist in the same file when treaty-exempt wages and state withholding overlap. I want to believe them, but ...

H8
heba_87cc·Oct 29, 2025
1,6101
PayrollAnswered

I became a resident alien after five calendar years, but I still work on campus half-time for my university. Can the student FICA exemption still apply?

This is where the online advice becomes muddy. Some people say the moment I become a resident alien the payroll exception disappears completely. Others say there is a separate student FICA exemption t...

D3
daria_3700·Nov 1, 2025
1,7621
PayrollAnswered

If we think a totalization agreement may apply, do we need the certificate before the first paycheck?

One adviser says yes because payroll should be built around real documentation, while another says we can just assume the agreement applies and fix the file later if anyone asks. Those are very differ...

KE
kareem_e9ec·Oct 30, 2025
1,7381

Have a similar question?

ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.

Become a Member — $9.99/mo

Disclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.

Watch the walkthroughs